Multiple Parties and Claims Flashcards
Under Rule 19 a, a person who is subject to service of process and whose joinder will not deprive the court of SMJ or destroy venue, must be joined if
complete ____ cannot be provided to existing parties in the absence of that person;
or disposition in the absence of that person may ___ the person’s ability to protect his interest;
or the absence of that person would leave ____ parties subject to _____ risk of multiple or inconsistent oblgiations
relief cannot be provided;
impair that person’s ability to protect himself;
or the absence of that person would leave existing parties subject to multiple or inconsistent oblgiations
In an interpleader action what does it allow a person who is holding property to do? (to force all potential ____ to the property into a ____ lawsuit to determine what?)
What is the primary standard (fear of ____ claims against the property)
An interpleader allows a person holding property (traditionally known as a stakeholder) to force all potential claimants to the property into a single lawsuit to determine who has the right to the property.
The primary standard is whether the party bringing the action legitimately fears multiple claims against the property
Rule 18 permits joinder of _____ but does not compel it
Res judicata (claim preclusion) concerns will often practically _____ joinder, because if a claim could be raised and is not, it will generally be subject to claim ______
joinder of claims (permissive) Res judicata (claim preclusion) concerns will often practically require joinder, because if a claim could be raised and is not, it will generally be subject to claim preclusion.
PERMISSIVE JOINDER To join a claim under Rule _____, the court must have subject matter jurisdiction over it.
If subject matter jurisdiction is based on diversity jurisdiction, then a party may ______ all claims against an opposing party to satisfy the statutory jurisdictional amount-in-controversy requirement.
If the original claim is based on federal question jurisdiction, then a nonfederal claim may be joined only if ______ jurisdiction exists OR if the two claims are part of the same case or controversy as the federal claim such that supplemental jurisdiction applies.
To join a claim under Rule 18, the court must have subject matter jurisdiction over it.
If subject matter jurisdiction is based on diversity jurisdiction, then a party may aggregate all claims against an opposing party to satisfy the statutory jurisdictional amount-in-controversy requirement.
If the original claim is based on federal question jurisdiction, then a nonfederal claim may be joined only if diversity jurisdiction exists or if the two claims are part of the same case or controversy as the federal claim such that supplemental jurisdiction applies.
COUNTERCLAIM A counterclaim is a claim for relief made against an ______ party after an original claim has been made.
A counterclaim may be asserted in the answer to the complaint and the reply to a counterclaim.
Rule ___ governs the requirements for bringing a counterclaim.
A party must serve an answer to a counterclaim (or cross-claim) within ____ days of service. Rule
A counterclaim is a claim for relief made against an opposing party after an original claim has been made.
A counterclaim may be asserted in the answer to the complaint and the reply to a counterclaim.
Rule 13 governs the requirements for bringing a counterclaim.
A party must serve an answer to a counterclaim (or cross-claim) within 21 days of service. Rule
Compulsory counterclaim:
A pleading is required to state as a counterclaim any claim that, at the time of service, the pleader has against an opposing party IF the claim arises out of the _____ transaction or _____ that is the subject matter of the opposing party’s claim AND does not require adding another party over whom the court cannot acquire jurisdiction. Rule 13(a)(1).
Compulsory counterclaim
A pleading is required to state as a counterclaim any claim that, at the time of service, the pleader has against an opposing party if the claim arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim and does not require adding another party over whom the court cannot acquire jurisdiction. Rule 13(a)(1).
Failure to assert a ______ counterclaim waives the right to sue on the claim and is generally precluded from ever suing on the claim in federal court.
Failure to assert a compulsory counterclaim waives the right to sue on the claim and is generally precluded from ever suing on the claim in federal court.
PERMISSIVE COUNTERCLAIM
Under Rule 13(b), a pleading may state as a counterclaim against an opposing party ____ claim that is not compulsory.
Thus, a party has discretion as to whether to raise the counterclaim in the action before the court or in a separate action.
PERMISSIVE COUNTERCLAIM
Under Rule 13(b), a pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
Thus, a party has discretion as to whether to raise the counterclaim in the action before the court or in a separate action.
IMPLEADER
Rule 14 sets out the rules governing impleader ( _____ claims).
These are claims that are made by a defending party against a nonparty for all or part of the defending party’s liability on an original claim.
Note that the impleaded claim must relate to the _____ claim against the defending party. The court may sever any third-party claim if justice demands it.
The third-party plaintiff must obtain the court’s permission if he files more than ___ days after service of his original answer.
IMPLEADER
Rule 14 sets out the rules governing impleader (third-party claims).
These are claims that are made by a defending party against a nonparty for all or part of the defending party’s liability on an original claim.
Note that the impleaded claim must relate to the original claim against the defending party. The court may sever any third-party claim if justice demands it.
The third-party plaintiff must obtain the court’s permission if he files more than 14 days after service of his original answer.
Federal Interpleader Act provides that:
Nationwide personal jurisdiction / service or process is _____;
Venue is _____in any fed district where any one claimant resides.
SMJ is based on minimal diversity: any ____ claimants from different states satisfy (then they can overlap)
Stakeholder needs to be diverse from claimant but diversity jurisdiction is met if any two claimants are citizens of different states. Only _____ AIC
Federal Interpleader Act provides that:
Nationwide personal jurisdiction / service or process is proper;
Venue is proper in any fed district where any one claimant resides.
SMJ is based on minimal diversity: any 2 claimants from different states satisfy (then they can overlap)
Stakeholder needs to be diverse from claimant but diversity jurisdiction is met if any two claimants are citizens of different states. Only $500 AIC
