joinder Flashcards

1
Q

Rule 20: Permissive Joinder of Parties

A

*may join
*common transaction
*common question of law or fact

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2
Q

Rule 12: Compulsory Joinder of Parties

A

certain parties must be joined if they are necessary for the just adjudication
*court has discretion to proceed or not

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3
Q

necessary party

A
  1. have interest
  2. absence would prevent complete relief
  3. absence so cant protect their interest
  4. Indispensable if the case cannot proceed without them
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4
Q

Rule 14: Impleader

A

*defendant can implead a third party if they may be responsible for part of their liability
*must be derivative liability

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5
Q

Permissive Counter

A

*may be raised
*not out of same transaction
*must have its own jurisdiction

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6
Q

Compulsory Counter

A
  • Must assert or barred
    *arise out of same transaction
    *must be within courts juris
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7
Q

Cross-Claim

A

*same side of the “v.”
*may assert
*same transaction

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