Claims

Question 1

While a compulsory counterclaim, one arising from the same transaction or occurrence has supplemental jurisdiction, a permissive counterclaim must _____

Answer 1

support its own basis of for subject matter jurisdiction.

Question 2

What is the basis for SMJ that a permissive counterclaim must meet?

Answer 2

AIC

Diversity

Question 3

When there are two or more claimants to a specific property or monetary fund,______ allows a defendant to avoid multiple actions regarding the same stake by forcing all claimants to proceed against the stakeholder in one lawsuit.

Answer 3

Interpleader, Rule 22

Question 4

What are the two forms of interpleader?

Answer 4

statutory interpleader and rule interpleader.

Question 5

Under Rule 22, Interpleader, the claims must independently satisfy

Answer 5

subject matter and personal jurisdiction

Question 6

_____ allows a defendant to join a third party who may share or be legally responsible for the defendant’s liability to the plaintiff

Answer 6

Impleader, Rule 14

Question 7

Under Rule 14, only the ______ can use impleader to bring in a third-party defendant who is liable under the same transaction or occurrence even if it will destroy ______

Answer 7

Defendant

diversity jx

Question 8

Under Rule 41, Voluntary Dismissal, what are the only 2 ways a P can voluntarily dismiss a case?

Answer 8

After an answer or motion for summary judgment, a Plaintiff may voluntarily dismiss only by stipulation of the parties or by order of the court

Question 9

If a P voluntarily dismisses a case for the 1st time, what does this mean for later litigation?

Answer 9

the Plaintiff may later bring an action against the defendant on the same facts.

Question 10

Joinder of CROSS CLAIMS is gverned by what rule

Answer 10

13g

Question 11

What rule is this?

A pleading MAY state as a cross-claim any claim by one party against a co-party if the claim arises out of the same transaction or occurrence that is the subject matter of the original action

Answer 11

Rule 13g

MAY, cross claim

Question 12

What rule governs adding additional claims to an EXISTING party in a lawsuit?

Answer 12

Rule 18

Question 13

What rule is this?

A party asserting a claim, counterclaim, cross-claim, or third-party claim MAY join, as independent or alternative claims, as many claims as it has against an opposing party.

Answer 13

Rule 18
MAY, open season
(Cigarettes)

Question 14

What rule is this?

A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim: arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim.

Answer 14

Rule 13a

MUST, compUlsory

Question 15

What rule is this?

A pleading may state as a counterclaim against an opposing party any claim that is not compulsory. There is no limit (procedurally at least) to the amount of counterclaims that may added. Therefore, the breach of contract claim against Ace is joinable.

Answer 15

Rule 13b

MAY, permissive

Question 16

Under Rule 50, a motion for a ______ may be granted if, after a party has been fully heard on an issue, “there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue.”

Answer 16

JML

Question 17

FRCP 50(b) requires a motion for judgment as a matter of law to be made _____ the case is submitted to the jury.

Answer 17

before

Question 18

Under Rule 13(a), a party MUST bring any _____that arise out of the same transaction or occurrence.

Claims arise out of the same transaction or occurrence if there is a ____

Answer 18

counterclaims

logical relationship between the claims

Question 19

If a new claim arises out of the same T/O, can a party bring a counterclaim/claim/crossclaim after a judgement has been entered?

Answer 19

No. They would have had to assert it as an additional claim/cross/counterclaim at the time of the lawsuit because it arises out of the same transaction or occurrence.