Civil Procedure Flashcards
Claim joinder by plaintiff
Anyone who asserts the claim may join any additional claims that they have against the address party, even if those additional claims are unrelated to the original claim. Must still have SMJ in federal court!
Joining multiple plaintiffs/defendants
Fine as long as their claims arise from the same transaction or occurrence AND raise at least one common question of law or fact.
compulsory counterclaim
a claim that arises from same transaction or occurrence as plaintiff’s claim. Must be asserted by the defendant in current case or cannot be asserted in the future
permissive counterclaim
a claim that does not arise from same transaction or occurrence as plaintiff’s claim. Can sue in separate case. Must have SMJ.
crossclaim
a claim against a co-party arising from same transaction or occurrence. Never compulsory.
impleader
defending party brings in a new party for indemnity or contribution.
intervention of right
a nonparty whose interest may be harmed if they are not joined and whose interest is not adequately represented by the current parties brings themself into the case
permissive intervention
the absentee’s claim or defense and the pending case have at least one common question of law or fact. Court’s discretion.
class action requirements
class must be numerous, have some issue common to all class members so that issue is going to generate answers for everybody “in one stroke,” representative’s claims must be typical of the class’s claims and the representative must fairly and adequately represent the class.
prejudice class action
class treatment is necessary to avoid harm or prejudice either to the class members or to the non-class parties.
injunctive or declaratory relief class action
defendant treated class members alike, cannot seek damages.
common question class action
common questions predominate over individual ones AND class action is superior method for handling dispute.
