Multi-party/Multi-claim

Question 1

F.R.C.P. 13(a) requires defendant to assert any opposing claim against plaintiff that ____ that is the subject matter of plaintiff’s claim. This is known as a ____. If defendant fails to assert such a claim, he is ____ from raising the same claim in a later lawsuit.

Answer 1

(1) arises out of the transaction or occurrence
(2) compulsory counterclaim
(3) barred

Question 2

Exceptions to the requirement of asserting the claims discussed in the preceding question include:
(1) where defendant ____ of plaintiff’s claims prior to filing an Answer.
(2) where the counterclaim has not ____ or ____.
(3) where the counterclaim requires an additional party over whom the court ____.
(4) where the counterclaim is the subject of ____.
(5) where plaintiff’s action is not based on ____ over defendant (i.e. an ____ action).

Answer 2

(1) wins a dismissal
(2) arisen or matured
(3) lacks personal jurisdiction
(4) another pending action
(5) personal jurisdiction … in rem

Question 3

Permissive claim joinder allows any party to join (1) ____ against (2) _____.

Answer 3

(1) unrelated claims
(2) existing parties

Question 4

In spite of the liberal rules for permissive joinder, all crossclaims and third party claims must be (1) ____ the plaintiff’s claim. However, once a party has properly asserted a crossclaim or third party claim, that party may join an (2) ____ claim.

Answer 4

(1) related to
(2) unrelated

Question 5

____ parties (f/k/a compulsory parties) are those who must be joined if possible. F.R.C.P. 19 addresses this issue in two parts:
(1) Rule 19(a) identifies required parties, who must be joined if ____;
(2) Rule 19(b) addresses what must happen when joinder is not feasible, which is either ____ or _____.

Answer 5

Required
(1) feasible
(2) dismissal … litigation without the required party

Question 6

F.R.C.P. 20 governs permissive joinder of parties. It permits ____ to join in one lawsuit if
(1) each plaintiff asserts any right to relief arising out of the ____, or series of transactions or occurrences, ____
(2) “any question of ____ common to all these persons will arise in the same action.”

Answer 6

multiple plaintiffs
(1) same transaction, occurrence . . . AND
(2) law or fact

Question 7

Rule 20 also permits ____ to ____ if they meet this test.

Answer 7

One or more plaintiffs … join multiple defendants

Question 8

Procedural devices for adding multiple parties include:
a. ____
b. ____
c. ____
d. ____
e. ____

Answer 8

a. Impleader, or Third Party Action
b. Interpleader
c. Intervention
d. Class Action
e. Shareholders’ Derivative Suit

Question 9

85. Two other requirements for naming parties to a lawsuit are:
    a. ____
    b. ____

Answer 9

a. Real Party in Interest
b. Capacity