Parties Flashcards
Parties - Gral Reqs (2)
1) Real interest
2) Capacity
Parties - Real Interest
- Real interest: action persecuted in name of person w/real interest
Parties- Capacity
Capacity: of both P+ D to sue/be sued - Minor and incompetents act via guardian ad litem
Parties - Joinder of Parties - Types
1) Permissive
2) Compulsory
Parties - Compulsory Joinder of Parties - gral
- Exception to gral rule of P deciding who to suit (ojo also applies for P)
- Court requires person to join as party when “necessary” for just adjudication
Parties - Compulsory Joinder of Parties - Causes of “necessity” of joinder for just adjudication (2)
1) Complete Relief
2) Rights being adjudicated
Parties - Compulsory Joinder of Parties - Causes of “necessity” of joinder for just adjudication - Complete Relief
Absence of person does not permit complete relief for those who already are parties in cause
- contact crash in highway: C hits b, B hits A. A sues B, but also needs to join C
Parties - Compulsory Joinder of Parties - Causes of “necessity” of joinder for just adjudication - Rights being adjudicated
If person claims interest related to action and needs to be party to protect it
- i.e. of indispensable parties: all parties to a contract when contract dispute, all property owners, all named insureds
- i.e. of non-indispensable party: all tortfeasors in tort case dont need to be joined
Parties - Compulsory Joinder of Parties - Effect of absence of indispensable party
- When person cant be joined + court can not decide in equity and good conscience - Court will dismiss claim
Parties - Compulsory Joinder of Parties - Party “cant” be joined when (2)
1) Not subject to service of process
2) Venue is improper
Parties - Permissive Joinder of Parties - Gral
- When person is transactionally or factually related with some common question of law or fact of original claim
Parties - Permissive Joinder of Parties - Causes for court to order separate trial (4) EDUP
- Court can order to separation when presence of a party can cause:
1) embarrassment
2) delay
3) undue expense
4) prejudice
Parties - Permissive Joinder of Parties - Joinder of D’s Rules
Permissive joinder of defendants is allowed if:
1) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
2) any question of law or fact common to all defendants will arise in the action.
Parties - Impleader - Concept
A procedural device used in a civil action whereby a defendant brings into the lawsuit a third party who is not already a party to the action but may ultimately be liable for the plaintiff’s claim against the defendant.
Parties - Impleader - Gral
- D1 brings D2 into civil action, under theory that if D1 liable to P, D2 is liable to D-2 - D1 = “3rd party P” / D2 = “3rd party D”
- Does not affect diversity for SMJ
Parties - Impleader - Procedure
- Same procedure as to commencement action (file + service + summons)
- 14 days after filing and service of original answer
- 100 miles service radio rule applies
Parties - Impleader - Court denial when + effect
- Unduly prejudicial to joined party
- Denial doesnt destroy original diversity jdx
Parties - Interpleader - Concept
An equitable proceeding brought by a third person to have a court determine the ownership rights of rival claimants to the same money or property that is held by that third person.
Parties - Interpleader - Gral
- When party is subject to mx liability and it is not sure what or in what portion it owes to whom
- Parties are joined and made to litigate among themselves to determine rights/priorities
- i.e. insurance policy proceeds with mx beneficiaries
Parties - Substitution of parties - Causes for both P/D (4)
1) Death (90 days to present motion)
2) Becoming incompetent
3) Interest is transferred
4) Public officer ceases to hold office
Parties - Substitution of parties - Formal requirements when D is substituted once action has already commenced
- Pleaded as motion within 90 days or cause dismissed
- Needs to be served with complaint and summons similar to the ones for original D
Parties - Class Actions - Concept
When 1 or more people similarly situated may sue or by sued as a representative of class (of P or D) with common interest in suit
Parties - Class Actions - Gral
- Allow for pursue of claims with significant aggregate effect but to small to justify individual legal redress
- Courts with heavy discretion to certify
- BUT under guidelines of FRCP 23 (CULP) + additional factors
Parties - Class Actions - Court certification guidelines - CULP
1) Common (and relevant) question of law or fact among P’s
2) Usual (typical) claims or defenses for all other class members
3) Large membership - as to make joinder impractical
4) Protection of class members interests by representation of fairly/adequately - i.e. attorneys experience
Parties - Class Actions - Court certification guidelines - CULP - Large membership - Number definition
1) State courts decide own number
2) Fed courts subject to Class Actions Fairness Act require at least 100 members w/aggregate $5M claim floor
Parties - Class Actions - Court certification - Additional Factors (other than FRCP23 guidelines) (3)
1) Risk of separate actions
2) Conduct of opposing party has made injunctive or declaratory relief appropriate
3) Common questions
Parties - Class Actions - Court certification - Additional Factors - “Risk of Separate actions”
- Risk of creation of inconsistent judgments creating confusing standards of conduct
- Risk of unadvertly affect rights/remedies of those who dont suit - i.e. claims paid from a limited fund on “first come first serve” basis
Parties - Class Actions - Court certification - Additional Factors - “Common questions”
- Common question of law/fact by class members trump questions affecting individual members
- court decides class action is the best way to adjudicate fairly and efficient by considering claims already commenced and mgmt difficulties
- Possible claims have to be highly cohesive which is high threshold to prove - i.e. sexual discrimination cases
- Relates with primarily pursuing $dx
Parties - Class Actions - Member notice requirement post certification (2 types)
1) If common question class actions, best notice possible to all members identified through reasonable effort -Relates with primarily pursuing $dx
2) If no common question class action, court decides requirements. Relates with primarily pursuing equitable relief
Parties - Class Actions - Member notice requirement post certification - Effects
1) Common question class actions: they can opt out - recovery benefits go to all those who didnt affirmatively requested exclusion - Relates with primarily pursuing $dx
2) Not Common question class actions: members notified of procedure and normally can not opt out - Relates with primarily pursuing equitable relief, i.e. injunction
Parties - Class Actions - Implicit Requirements (to guide court discretion) (3)
1) Mootness (no mootness of claim)
2) Representative of class has standing + is member of class
3) Class is “defined” under feasible standards
Parties - Intervention - Gral
- When 3rd party seeks official status of 3rd party in litigation - On grounds of being adversely affected by result
Parties - Intervention - 3rd burden of proof
Show practical + important affectation by outcome of litigation
Parties - Intervention - Denial by court when
If intervention unduly delays or prejudices the rights of original parties
