Joinder

Question 1

Rule 13 Counterclaims and Cross claims when are they required/ permissive

Answer 1

Compulsory Counter Claim- when the claim arises out of or relates to the transaction or occurrence

Permissive Counter Claim- any claim against the opposing party

Crossclaims- always just permissive, must be related to the transaction or occurrence of the claim or counterclaim

Question 2

Relatedness Test

Answer 2

Test used to determine if the counter claim is compulsory, or arises out of the same transaction or occurrence

• does it logically relate to the original claim
• would separate trials require repetitive evidence or inquiries
• same factual and/or legal issues

Question 3

Requirements for asserting Counterclaim

Answer 3

must meet jurisdictional requirements that would have had to been met if it were an original claim

Question 4

Responses to Counterclaims or Crossclaims

Answer 4

Rule 8- must serve an answer because they are to be treated as if they were an original claim

Question 5

Joinder of Claims in original Complaint

Answer 5

Rule 18- you are allowed to join as many claims as you have against the opposing party

Question 6

Aggregation of Claims

Answer 6

All the claims a plaintiff has against a defendant may be aggregated in damage amounts to meet the amount in controversy requirement for Federal Court subject matter jurisdiction

Question 7

Crossclaim

Answer 7

an assertion by one party against the another party on the same side of the action.

Question 8

Counterclaim

Answer 8

assertion of a claim by one party against another party on the opposing side, that is not the original claim asserted

Question 9

Once a Crossclaim has been assert the two parties

Answer 9

are opposing parties and the rule of compulsory counterclaims becomes effective

Question 10

The Real Party in Interest

Answer 10

Rule 17(a) The person who substantive law gives the right to bring the action/ the party injured by the defendant can be assignable

Question 11

Repercussions of wrong party in interest

Answer 11

The court is to grant time to amend the complaint to the appropriate party. Failing to do so will allow for dismissal of the claim.

Question 12

When do you lose the Capacity to Sue?

Answer 12

Based on age or mental infirmity

Question 13

How to Sue when legally incapacitated to sue

Answer 13

A person acting as your representative sues on your behalf

Question 14

Determinations of Incapacity

Answer 14

17(b)
Individual not acting in representative capacity- the place where the person is domiciled
Corporation- law under which it was organized
All other parties- where the action was commenced

Question 15

Rule 18

Answer 15

General Rule for joining claims

Question 16

Rule 19

Answer 16

Required Joinder
A person must be joined if the court cannot afford complete relief without them, impair that person’s ability to protect their own interests, or will subject a party to potential double or triple jepordy
The concern is the destruction of jurisdiction.
If the destruction of jurisdiction will occur the court must dismiss the case unless they can adequately adjust to protect all parties interest

Question 17

Rule 20

Answer 17

Permissive Joinder
The relief is sough by them or against them
or they have the same questions of law or fact

Question 18

Rule 22

Answer 18

Interpleader
A person who holds property sought by two or more people may seek to bring them both into an action to duke it out and let the court decide who to give the property to

Question 19

Rule 24

Answer 19

Intervention

Someone whose interests are threatened/ need protection as a result of the claim must be let into the action

Question 20

Rule 13

Answer 20

Counter Claim and Cross Claim general rule

Question 21

Rule 14

Answer 21

Impleader
defendant may acting as a third party plaintiff bring in someone else to pay the damages to them if they owe the original plaintiff

Question 22

Rule 17

Answer 22

Capacity Rule
Real party in Interest
Capacity to Sue

Question 23

Statutory Interpleader

Answer 23

minimal diversity required
$500 amount in controversy
Venue- anywhere one of the claimaints resides
Nationwide long arm statute service of process
must pay the stake into the court
Court can enjoin the parties nationwide from commencing or maintaining on going actions regarding the stake

Question 24

Rule Interpleader

Answer 24

Complete diversity required
$75,000 amount in controversy
normal venue provision
must serve process within rule 4
not required to deposit the stake
court can only enjoin parties over which it has jurisdiction

Question 25

Rule 19(a) categories

Answer 25

(1) (A) in the persons abcense complete relief cannot be accorded
(1) (B) to not include them would impair or impede the persons ability to protect their interests
(1) (C) not joining them will leave an existing party open to double, multiple, or otherwise inconsistent obligations

Question 26

Zurich

Answer 26

the capacity to sue question is one of general capacity to sue, it is not about the right to sue based on regulations but one’s simple ability to sue