Parties

Question 0

What is Necessary Joinder

Answer 0

Necessary parties subject to courts jurisdiction must be joined.

Question 1

Permissive Joinder

Answer 1

may be joined at any time there is

1. common question of law or fact and
2. asserting either right to relief jointly or severally with existing parties or
   2a. right to relief arising out of same transaction or occurrence.

Question 2

A Necessary Party is

Answer 2

Complete relief can not be accorded without joining the party;
or
party will be inequitably affected by judgement

Question 3

Non-Joinder

Answer 3

A necessary party not subject to courts jurisdiction, the court will dismiss for non-joinder of a necessary party.

The court will determine if party is indispensable and the case will be dismissed as a result.

Question 4

Indispensable Party Test

Answer 4

PAPER
(P)rejudice to non-present party and how much?
(A)lternative forum - can they be sued elsewhere?
(P)rotective Order - can order protect interests of non-present party?
(E)ffective Judgement
(R)esult of whose conduct caused the problem

If an indispensable party, the case dismissed for failure to join a necessary party

Question 5

Interpleader - defined

Answer 5

P subject to multiple liability from adverse claims.

stakeholder claims he is not liable to all claimants
but is liable to someone - not sure of whom

Question 6

Relationship of claims for an interpleader

Answer 6

Claims need not arise out of the same transaction.

Claims need to be adverse and independent.

Question 7

Defensive Interpleader

Answer 7

Form of interpleader where D is exposed to multiple liability from current action.

D stakeholder brings claimants into action
files summons and interpleader complaint.

If other action is pending, he can bring claimants into the action with defensive interpleader.

Question 8

IMPLEADER; Third Party Practice

Answer 8

D proceeds against non-party who is liable for all or part of P’s claim.

ie. contribution and indemnification

D becomes a 3rd party Plaintiff
file a 3rd Party summons and complaint where original action is pending.
Service makes party a 3rd party defendant.

Question 9

Service for 3rd Party Practice

Answer 9

3PP must serve 3PD with a 3rd party complaint
contains all prior pleadings in the proceedings.
All other parties must be served with the 3rd party complaint.

3PD must answer and assert any defenses.
may implead successive parties liable to him for original or 3rd party complaint issues.

Question 10

Claims by P against 3rd Party Defendant

Answer 10

Original Plaintiff may amend complaint to assert claims against 3PD within 20 days of service of 3rd Party Complaint

Court may dismiss without prejudice
order a separate trial of the claim or any separate issue within it.

Question 11

Intervention of a Non-Party By Right

Answer 11

Non-Party on motion can intervene if:

1. state statute confers an absolute right to intervene; or
2. Non-Party is bound by outcome and there is inadequate representation of his interests by the current parties.

Question 12

Non-Party Intervention by Permission

Answer 12

Court may allow a non-party to intervene in an action if:

1. State statute allows intervention in the courts discretion
2. claim in ongoing action have common questions of law or fact.

Question 13

Requirements of Incompetents, Infants, and Decedents appearance in court

Answer 13

party may not appear alone in court.

parent, legal guardian, conservator, must appear in court.

Question 14

Guardian ad Litem

Answer 14

infant, incompetent, or conservatee has no legal guardian
court will appoint a guardian ad litem to appear on persons behalf.

May appointed on courts initiative or
on a motion by the infant, incompetent, conservatee; a relative, friend, or guardian, or any party to the action
within 10 days after completion of service.

Question 15

Class Action - SCANT

Answer 15

Superiority
Commonality
Adequacy
Numerosity
Typicality

Question 16

Class Action - Superiority

Answer 16

Class Action is superior to any other method

will provide fair and efficient adjudication of the controversy

Question 17

Class Action - Commonality Requirement

Answer 17

common questions of law or fact must predominate

over questions relevant to individual members.

Question 18

Class Action - Adequacy Requirement

Answer 18

class is fairly and adequately represented by representative party(ies)
and counsel

Question 19

Class Action - Numerosity Requirement

Answer 19

so numerous that joinder of members is impracticable

Question 20

Class Action - Typicality

Answer 20

Claims and Defenses of representative party(ies) are typical of the class

Question 21

Timing Requirement for Class Certification

Answer 21

Plaintiff must move to certify class as class action 
within 60 days of service of responsive pleading.

Question 22

Factors considered determining whether to certify a class action (5)

Answer 22

1. interests of members of in controlling separate actions.
2. Practicality or inefficiency of prosecuting separate actions.
3. Extent and Nature of existing litigation concerning the matter.
4. Desirability of concentrating litigation in a particular forum.
5. Difficulties likely in managing the class itself

Question 23

Divisibility of issues within a class action

Answer 23

may bring class action with respect to only a particular issue or issues, or may divide into subclasses and each subclass treated as a class.

Question 24

Notice Requirement to Members of a Class

Answer 24

“Reasonable Notice” to members of class required to bind them.
considers methods available
costs and resources of parties

Question 25

Actions requiring Court Approval in Class Action Cases

Answer 25

no dismissal, discontinuance, or compromise

without approval of the court.

Question 26

Denial of Joinder

Answer 26

When individual issues might predominate

Prejudice to the parties

here the court may deny joinder.

Question 27

Plaintiff’s amendment to original pleadings after the addition of an IMPLEADED party

Answer 27

P can amend original pleadings to include Impleaded party w/i 20 days

HOWEVER

potential SoL problems with adding the impleaded party.