Permissive Party Joinder

Question 1

can a court look at counterclaim for jurisdictional basis?

Answer 1

NO—Well PLEADED COMPLAINT RULE

Question 2

Well Pleaded Complaint Rule

Answer 2

FED ? JURIS- is determined on the FACE of the COMPLAINT alone.
(a counterclaim appears in def’s answer-cant be a source of fed ? juris)

Question 3

compulsory counterclaim (across the v)

Answer 3

rule 13 (a)

Question 4

permissive counterclaim (across the v)

Answer 4

rule 13(b)

Question 5

Crossclaim against a co-party (same side of v)

Answer 5

Rule 13(g)

Question 6

when court is consolidating under Rule 42(a) does it do a common transaction or occurrence test?

Answer 6

NO

-jury hears all facts, but parties get separate judgments

Question 7

Is minimal diversity constitutional?

Answer 7

yes, constitution only requires minimum diversity

it was strawbridge v. curtis -where STATUTE req. complete diversity) (interpleader

Question 8

why would a stakeholder take part in a proceeding in nature of interpleader?

Answer 8

wants a claim of it

Question 9

what is a proceeding in Nature of interpleader?

Answer 9

stakeholder claims he owns the res

Question 10

Interpleader

Answer 10

property owner w/multiple liabilities to the same property RULE 22

Question 11

can a defendant invoke interpleader?

Answer 11

YES- rule 22

13(h)-applies to statutory & rule interpleader

Question 12

cross-claim seeking indemnity. IF wanted to add more CLAIMS & NOT PARTYS..

Answer 12

use rule 13(g) then use Rule 18

Question 13

can an absentee’s interest in something be harmed legally?

Answer 13

No-preclusion won’t bar them

its just harm as a practical matter, may not get what they want if nothing left.

Question 14

why important to protect absentee’s interest?

Answer 14

can allow plaintiff choice of who to bring or not to effect a person.