Joinder (Chapter 8) Flashcards
See Chapter 8
Under Permissive Joinder, who determines if two plaintiffs’ claims are to be joined under one case?
A. The Judge
B. The second Plaintiff to file
C. The Defendant
D. Both Plaintiffs together
D. Both Plaintiffs together
“When two or more plaintiffs have claims to assert, each must consent to join; neither can be forced into the case”.
p. 373
What is the basic rule on the joinder of additional parties?
Rule ____
p. 377
Rule 20(a).
Rule 20(a) is the basic rule on the joinder of additional parties.
A party who believes that a plaintiff or defendant was improperly joined may assert misjoinder under Rule ____.
p. 377
Rule 21.
A party who believes that a plaintiff or defendant was improperly joined may assert misjoinder under Rule 21.
What rule provides the standards for determining whether parties are misjoined?
p. 377
None!
Court must look to the standards in Rule 20 for guidance as to what standards apply in order for parties to be joined. There is no rule that states explicitly what standards are to be used to determine if a party is misjoined.
True or False:
Rule 20 gives some plaintiffs (typically the first plaintiff to file) the right to force other potential plaintiffs into the same lawsuit.
p. 379
False.
“Nothing in Rule 20 gives any plaintiff a right to force any other potential plaintiffs into the lawsuit.”
True or False:
Rule 20 does not require a plaintiff to join all possible defendants in the same suit - even if they are joint tortfeasors.
p. 379
True.
Rule 20 does not require a plaintiff to join all possible defendants in the same suit - even if they are joint tortfeasors.
What Public Policy concern is weighted more heavily in determining the scope and intent behind Rule 20?
A. The concerns for efficiency, transactionalism and collective fairness
B. The right of the individual to control his/her own case
p. 379
B. The right of the individual to control his/her own case
The right of the individual to control the fate of his or her case…is thought to outweigh the concerns for efficiency, transactionalism, and collective fairness. Therefore, although Rule 20 makes efficient and fair joinder possible, it does not require it.
To invoke Rule 14, a party defending against a claim must have a claim for _____________ or _______________ against the party to be joined by impleader.
p. 383
Reimbursement or Derivative Liability (often referred to as contribution or indemnity)
To invoke Rule 14, a party defending against a claim must have a claim for reimbursement or derivative liability against the party to be joined by impleader.
Impleader is purely ______, itself creating no substantive obligations.
p. 383
Procedural.
Impleader is purely procedural, itself creating no substantive obligations. It piggybacks onto whatever contractual or other legal relationships the defendant and third-party defendant may have with each other, (e.g. a surety obligation or status as joint tortfeasors with a right of contribution).
The party joined under Rule 14 is called the __________.
p. 379
Third-Party Defendant.
The person joined under Rule 14 is called the Third-Party Defendant.
The defendant who effectuates the joinder under Rule 14 is called the ____________.
p. 380
Third-Party Plaintiff.
The defendant who effectuates the joinder under Rule 14 is called the Third-Party Plaintiff.
True or False:
Unlike Rule 20 joinder by a plaintiff, Rule 14 joinder is mandatory.
False:
Rule 14 joinder is permissive, similar to Rule 20.
A defendant is not required to include any third-party defendants, nor is a subsequent lawsuit against other allegedly responsible parties barred by claim preclusion.
