Midterm Prep

Question 1

8 (a)(2)

Answer 1

requires a short & plain statement of the claim showing that the pleader is entitled to relief to give the defendant fair notice of what the claim is and the grounds upon which it rests

Question 2

12 (b)(6)

Answer 2

failure to state a claim upon which relief can be granted

Question 3

9 (b)

Answer 3

requires particularity when pleading “fraud or mistake” while allowing malice, intent, knowledge, and other conditions of a persons mind to be alleged generally.
circumstances must be specific enough to give defendants notice

Question 4

8 (d)

Answer 4

each allegation must be simple, concise, and direct
pleading may be of inconsistent claims allowing P to assert alternative and contradictory theories of liability

Question 5

10 (b)

Answer 5

requires pleadings to contain separately numbered paragraphs, and provides that paragraphs contain separate counts for claims arising from different transactions

Question 6

9 (b)

Answer 6

claim for special damages must be specifically stated

Question 7

8 (a)(3)

Answer 7

requires the complaint to contain “a demand for relief sought”

Question 8

20 Permissive Joinder

Answer 8

plaintiffs or defendants may join if
1. c/a arises out of the same transaction or occurrence
2. question of common law or fact common to all parties arises in action
** typically plaintiffs

Question 9

19 Required Joinder of Parties

Answer 9

3 steps:
1. is this person required to be joined?
2. is joinder feasible?
3. up to the court to go forward w/o them or dismiss based on a set of factors?
** factors ex. - would P have an adequate remedy if suits dismissed

Question 10

24

Answer 10

INTERVENTION
on timely motion, ct may permit anyone to intervene who:
1. is given conditional right to intervene by fed stat
2. has claim/defense that shares with the main action a common question of law or fact

Question 11

21

Answer 11

misjoinder is not grounds for dismissing an action. court may add or drop parties or sever any claim

Question 12

22

Answer 12

Persons w claims that may expose plaintiffs/defendants to multiple liability may be joined as defendants and required to interplead

Question 13

28 persons before whom depos may be taken

Answer 13

an authorized officer to administer oaths by law
or
a person by the court where the action is pending to administer oaths and take testimony

Question 14

1335

Answer 14

district court will have original jurisdiction of any action of civil interpleader of an individual with possession of $500 or more

Question 15

1397

Answer 15

Venue
interpleader may be brought in the judicial district in which one or more of the claimants reside

Question 16

1367

Answer 16

Supplemental Jurisdiction
A. district courts shall have supplemental jurisdiction over all other claims that are SO RELATED to claims in the action within original jurisdiction that they form part of the same case or controversy
B. Statutory Negation
C. Discretion of the court

Question 17

54 (c)

Answer 17

authorizes the court to order a final judgement granting the relief to which each party is entitled, even if the party has not demanded that relief in its pleading

Question 18

14

Answer 18

Third Party
1. Federal Rule
2. Subject matter (same transaction or occurrence)

Question 19

13

Answer 19

Counterclaim and Crossclaim
1. subject matter (transaction or occurrence) or
2. property relating to the subject matter

Question 20

8a

Answer 20

1. stmt of subject matter
2. short & plain stmt of the claim showing the P is entitled to relief
3. demand for relief sought