civil procedure Flashcards
rule 19 b after identifying a person to be joined.. can the court proceed in good conscience without the 19 a person?
if the party is determined to be indispensable, the party must come in or the case will be dismissed.
what are the factors to consider under rule 19 b
how bad is the injury to whoever is gonna get injury
how can the court carve out a remedy so that the party is not injured bad
can the p get an adequate remedy without this person
if the court dismisses the claim does the p has anywhere else to go
when a bar ques says there is no jurisdiction they are speaking about both. so we should discuss both personal and subject matter jurisdiction
if the amount in controversy is less than 75 thousand and there is a claim for injunction, you should discuss if the benefit of the injunction to the p would amount to the value needed to satisfy the aic. it should have been pleaded it in the facts. on its face there would be no subject matter juris but maybe the complaint can be amended to fix it
all states have long arm statutes.
25 or less.. probably no class action
the class representative must be a typical member of the class when the suit is filed but you dont have to stay that way during the law suit as long as there are other people in the lawsuit who is that way thus the suit would not be moot.
