Counter & Cross Claims

Question 1

Rule 13(b)

Answer 1

Permissive Counter Claim : need SMJ

Question 2

SMJ set by

Answer 2

Diversity of citizenship
Federal Question
Supplemental jurisdiction: same controversy
Over $75,000

Question 3

Testing for SMJ

Answer 3

Logical Relationship test

Same Evidence test

Question 4

Rule 13(g)

Answer 4

Crossclaims against a Co-party

any claim out of same transaction or occurrence subject to the original claim or counterclaim
need SMJ

Question 5

Rule 13(h)

Answer 5

refers to 19-20 for joinders

Question 6

Rule 13(a)

Answer 6

Compulsory Counter Claim

same transaction or occurrence
not required to add claims for which court does not have jurisdiction