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5 Cards in this Set

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  • Back
Joinder of Parties - necessary
1. Complete relief can't be given to the existing party in his absence
2. Disposition in his absence may impair his duty to protect his interest in the controversy, OR
3. His absence would expose existing parties to a substantial risk of inconsistent obligations
Joinder of Parties - permissive
Permissive when...

1. The claim made by P against D arises out of the same T/O, and
2. There is question of fact or law common to all parties
Joinder - indispensible
If joinder destroys diversity, case must be dismissed under factors:

1. whether judgment in party's absence would prejudice her or the existing parties
2. whether the prejudice can be reduced in shaping the judgment
3. whether a judgment in the party's absence would be adequate
4. whether the P will be deprived of an adequate remedy
Res judicata
1. Same parties
2. Decided on the merits
3. Same claim
- Some courts consider property and personal to be same claim
Collateral Estoppel
1. Final and valid judgment
2. Actually litigated
3. Essential to the first case
4. Mutuality
- Modern - full and fair opportunity to litigate in the first case, then can use defensively