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198 Cards in this Set

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Subject Matter Jurisdiction
limits the types of cases cts are allowed to hear.
Personal Jurisdiction
A person must be subjec to suit in the state as a resident or through minimal contact
Diversity Jurisdiction
Federal cts have subject matter jurisdiction when parties are citizens of different states or foreign country, and the claim exceeds $75k
Venue
Cases should be brought in a ct whose district includes the county where the party memeber lives
Summons
A service of process which directs D to appear under penalty of default
Complaint
A written statement that includes P's claims against D and the basis for jurisdiction
Answer
admits or denies the allegations
Affirmative Defense
A legal claim that D asserts in his answer to a summons
Plea in Abatement
Objects to the place, time, or method of P's asserting their claim
Final Judgment System
An appeal cannot be brought until a motion or judgment ends the claim
Interlocutory Appeals
Appeals that take place in the middle of preceedings
Rule 8.a (pleadings)
The pleader must show that they are entitled to relief and must disclose adequate information as to the basis of their claim
Rule 12.b.6 (motion to dismiss)
D can file a motion to dismiss for failure to state a claim
Rule 15.a (amended complaints)
P may file an amended complaint once w/o approval from the ct
Third-Party Complaint
A complaint filed by D against a third party alleging that the third party may be liable for all or part of the damages P is trying to recover from D
Dismiss w/ prejudice
a dismissal barring P from prosecuting the same claim again
Permissive Joinder
An optional joinder of parties that 1) their claims or the claims asserted against them are asserted jointly, severally, or in respect to the same transaction or occurance, and 2) any legal or factual question common to all of them will arise
Indespensible Party
A party who having interests that would inevitably be affected by a cts judgment must be included in the case, if such a party is not included, the case must be dismissed
Survellience Films
Should be treated as material in preparation to litigation and therefore subject to a qualified privilege that can be overcome only by a factual showing of great need or undue hardship by the other party
Work Product Privilege
If you put in a lot of work for your case, you do not have to disclose it to the other party
Qualified Privilge
a privilge that immunizes an actor from suit only when the privilge is properly exercised in there performance of a legal or moral duty
Bill of Discovery
a bill in equity seeking disclosure of facts w/n the adverse party's knowledge
Pre-trial Conference
an informal meeting at which opposing attorneys convey, usually w/ the judge, to work toward the disposition of the case by discussing matters of evidence and narrowing the issues that will be tried
Contributory Negligence
P's own negligence that played a part in causing P's injury and that is significant enought to bar P from recovering the damages
Exception
a formal objection to a cts ruling by a party who wants to preserve the objection for appeal
Burden of Persuasion
On P, burden of persuading jury that D's defenses are invalid
Burden of Production
On P, burden of producing evidence
Rule 51 (objections)
A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds of the objection
Rule 51 (objections)
A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinclty thematter objected to and the grounds of the objection.
Burden of Proof for affirmative defenses
In an action where death has not occured, P carries the burden of proof
Exception
A formal objection from a party who wants to preserve the objection for appeal
Concurrent Jurisdiction
A case can be brought in Federal or State ct
Rule 49.b (general verdict accompanied by Interrogatories
The ct may submit to the jury, together w/ appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of whihc is necessary to a verdict
Removal of Interrogatories
If a question is ambiguous, the judge has the discretion to remove interrogatories and give the jury a chance ot agree on a general verdict
General Denial
A response that put in issue all the material assertions of a complaint or petition
Jurors and Personal Experiences
It is misconduct for a juror to relate their own personal experiences as expert evidence to be considered as material evidence in the decision
Incorporated
When an amendment to the constitution is applied to the states as well
Res gestae
spontaneous declarations are exceptions to the rule that hearsay evidence is inadmissable
Reversable Error of Fact
Only if the jury's decision is made w/ a complete absence of proof to support the conclusion reached does a reversable error appear
7th Amendment
In suits of common law where the value of controversy shall exceed twenty dollars, a right to a trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any ct in the united states, than according to the rules of common law
Appeal
Even if an error of law has been committed, the appellate ct must must be convinced that the error was prejudicial, and that the case probably would not have come out the same way if the error had not occured
Deference for Jury Decision
You can't reverse a jury's decision unless no reasonable jury would have found that way
Deference for Judge's Findings of Fact
You cannot reverse a judge's findings of fact unless the findings are clearly erroneous
Determining capacity for consent
1) incapacity for consent of an adult is rendered only if the condition substantially impairs their capacity to understand and weigh the risks of harm and benefits flowing from the proposed conduct
2) D must have knowledge of the incapacity
Traditional Consent in regards to medical procedures
Consent will be construed as general in nature and surgeon may extend the opperation to remedy any abnormal or disease condition in the area of the original incision whenever w/ their sound perfessional judgment determine that such extension is required
Privilege of Necessity for private individuals
ONe may sacrifice the property of another to save lives. Not a complete privilege, liable for damages
Prima Facie case for negligence
1)duty
2)breach
3)actual damages
4)actual cause
5)proximate cause
Proximate Cause
A cause that directly produces and event, w/o which the event would not have occured
General Definition of the standard of care
Such that would be exercised by a reasonable and prudent person under the same circumstances to aviod or minimize risks of harm to others
Emergency Instruction
Addition to the duty of care standard which states that under emergency situations a reasonable person may act w/ less care. Not used in all cts
Necessity Privilege for public interests
There is a privilege to destroy private property to prevent a public disaster
Rule 49.b (General Verdict plus interrogatories)
The ct may submit to the jury, together w/ appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of whihc is necessary to a verdict
Concurrent Jurisdiction
you can bring the suit in either Federal or State ct
Judge's discretion regarding general verdicts accompanied by interrogatories
If the questions are ambiguous and a jury is unable to reach a verdict, a judge may remove the questions and allow the jury a chance to decide the case on a general verdict
Jury misconduct
It is misconduct for a jury memeber to present his/her personal experience as expert evidence that the jury should consider in deciding the case
When can you reverse a jury's finding of facts
Only when there is a complete abscence of probabtive facts and no reasonable jury could find that way
res gestae
a spontaneous statement that can be allowed over the hearsay rule
When can you reverse a judge's factual findings
When they are clearly erroneous
Reversing findings of facts for negligence
Normally app. cts don't review a tct's finding of facts, but w/ negligence the interpretation of facts becomes a question of law
Previous rulings
A suit that has already been decided is a bar to any future actions
Levy of enforcement
enforcement of a cts decision made after the conclusion of a case
substituted service
any method of service allowed by law in place of personal service
Proceeding in-personam
Traditional view of jurisdiction. Exists when D is personally served w/ process while physically in the state's territorial province
Proceeding in-rem
An action to determine the rights to a thing or property located w/n a state
proceeding quasi-in-rem
Exercised when property owned by D is found w/n a state and is attached or legally seized by the ct
Collateral action
A seperate action that is brought to destroy a previous law suit
Basic principles of territorial (traditional jurisdiction)
1) a state has jurisdiction over persons and property w/n its territory.
2) No state can exercise direct jurisdiction over persons and property outside of its territory
Article 4 of the Constitution
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state
Implicent Consent Theory of Jurisdiction
People who travel to another state implicitly agree to consent to jurisdiction if their action w/n the state causes a suit
10th amendment
States have certain reserve pwrs that the federal gov doesn't have
Article 4
The privileges and immunities clause prevents states from closing its borders from citizens of the US
Plantiff in error
appellant
Defendent in error
appellee
F.O.B.
(freight on board) as soon as the item is place on the train, it becomes the property of the customers
Minimum Contacts Test
1) The nature of the contacts (sporatic and isolate or continuous and systematic)
2) Did the action arise out of these contacts
Minimum Contacts Jurisdiction
If a person is not present w/n a state, they must 1) have certain minimum contacts w/ the state so 2) making them subject to suit does not offend notions of fairplay and substantial justice
General Jurisdiction
D has sufficent contact to warrant jurisdiction in all matters
Specific Jurisdiction
D only has sufficent contacts w/n a state to warrant jurisdiction only for those matters related to those contacts
Unilateral activity of P in regards to jurisdiction over D
The unilateral activity of those who claim some relationship w/ a nonresident D does not satisfy the requirement of the benefits of the state
D's foreseeability of jurisdiction
D should be reasonably aware that their actions will render them subject to jurisdiction w/n a state
forum non-conveniens
an appropriate forum may divest itself of jurisdiction if for conveinence to P and witnesses and evidence, the action should be brought in another state
Minimum Contacts
fairplay and substantial justice when D purposefully avials themselves of the forum and D reasonably expects to be haled into ct there
Steps of Personal Jurisdiction analysis
1) Traditional basis or
2) statutory, then
3) constitutional
a) sovereignty (minimum contacts)
b) convenience
Special Appearance
Not consenting to jurisdiction but appearing in ct to contest jurisdiction
Portable Tort
The product causing injury is brought to the forum state by P
Sovereignty Branch
Minimum contacts
Convenience Branch
1) convenience to D, 2)forum state's interest in adjudicating the action, 3)P's interest in obtaining convenient/efficient relief, 4) the shared interests in teh states in furthering social policies, 5)interstate judicial system's interest in obtaining the most efficient resolution of controversies
Choice-of-law Provision
a contractual provision by which the parties designate the jurisdiction whose law will govern any disputes that may arise b/w parties
Special Appearance
you appear only for the purpose of contesting jurisdiction
Limited Appearance
You come into the forum and defend the property w/o allowing the lawsuit to shift to an in personam lawsuit
Traditional rule about debt and quasi in rem jurisdiction
The obligation of the debtor to pay their debt clings to them wherever they go. Therefore, a creditor can attach a claim of his debtor's debtor. Any natural person is subject to jurisdiction in which they are present
Derivative Lawsuit
a suit asserted by a shareholder on behalf of the corporation against a thrid party, usu. a director or officer of the corporation
Shoe and quasi in rem proceedings
All assertions of in-state jurisdiction must be evaluated according to the standards set forth in International Shoe
Jurisdiction based on presence
A state has jurisdiction as long as D has been served w/n a state regardless of the contacts they have w/n the state
Fed Rule 4.k.1-2 (Territorial Limits of Service)
1)If the state has jurisdiction, so does the federal ct in that state
2)If federal claims have been made against a D, where D is not subject to jurisdiction in any one state, the contstituion grants jurisdiction based on the minimum contact w/n the US as a whole
Jurisdiciton by contractual consent
Weight should be given to a contract clause determining where proceedings will be adjudicated b/c both parties agreed to it
Consent by estoppel
a party is stopped from challenging jurisdiction
Fed Rule 4.e.2 (substituted service)
allows service of process on a surrogate if they are a person of mature years, residing w/ D
Fed Rule 4.h
Allows service of process on corporations by serving an agent of the corporation
Jurisdiction by Necessity
Ct has to have jurisdiciton b/c there isn't any other realistic alternative
Personal Service
Personal service of written notice is always adequate
Constitutional Standard for adequate notice
Means of service must be reasonably calculated under the circumstances to provide actual notice
Fed Rule 4.d (Waiver of Service)
1) A D who waives service of summons does not waive any objection to jurisdiction
2) To avoid costs, P may send D a request for waiver of service. If D waives service they have 60 days to answer; if they do not waive service, the pay the costs P has to incur to properly serve process
Traditional Rule of Service of Process
service of process could be made by mailing a copy of summons and the complaint to the person to be served w/ copies of acknowledgment and a return envelope w/ prepaid postage. If there was no acknowledgement of service after 20 days other methods of service could be employed
New Rule
New Rule: P is authorized to send D notice of action and a request for a waiver of service. If D refuses to waive service, the ct shall impose the costs of effecting service on D.
When does Statute of Limitations start to run
b. In Fed ct, when the underlying cause of action is based on federal law, the suit is commenced when a copy of the complaint is filed w/ the district ct. (Fed Rule 3)
c. When the underlying cause of action is based on state law, state law will govern when the action is commenced.
General Rule of Immunity
If you voluntarily submit to a state's jurisdiction your are temporarily immune to service of process
Procuring Personal Jurisdiction by Fraud
Jurisdiction by fraud is equivalent to lacking jurisdiciton
Provisional Remedies
restraining orders, writs of attachments, create problems w/ the opportunity to be heard
Prothonotary
equivalent of a ct clerk
Ex parte
from one party w/o notice to the other party
Contracts of Adhesion
one-sidede contracts
Proper Notice to Repossession of Property
Hearing has to be granted before the deprivation of property; the bond is not a substitute for the prior hearing.
Prejudgment Replevin is acceptable when:
1) it is necessary to secure an important governmental or general public interest or if there is a 2) if there is a special need for prompt action or 3) the person initiating the seizure is a government official and under a narrowly drawn statute deems that it is necessary and justified in the particular instance
Statutes and prejudgment repossession
Statutes should be entitled to post a bond plus some kind of timely hearing.
Matthew Test (prejudgment replevin b/w private parties
1) How the private interest will be affected by the prejudgment measure
2) The risk of erroneous deprivation and the value of safeguards
3) The interest of the party seeking prejudgment remedy w regard to governmental interest in the added burden's of procedures
Concurrent jurisdiction
state courts can hear a case that could be heard in Federal ct
Article III of the Constitution
Section 2: The judicial power shall extend to all cases, in law and equity, arising under this constitution…b/w citizens of different states and b/w citizens of a state and those of a foreign country.
USC 1332 (Diversity Citizenship)
a) The DCTs shall have jurisdiction when the matter in controversy exceeds the sum of $75k
1) Citizens of different states;
2) Citizens of a state and citizens or subjects of a foreign state;
3) Citizens of different states and in which citizens or subjects of a foreign state are additional parties
4) A foreign state, as P and citizens of a state or of different states
USC 1359 (Parties Collusively Joined)
A DCT shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such ct.
Corporation and Citizenship
A corporation is a citizen of 1) the state in which it is incorporated and 2) the state in which it has its principal place of business.
Strawbridge Rule
there must be complete diversity, no P can match w/ any D
Revision to 1332 (alien citizenship)
An alien admitted to US for permanent residence is deemed a citizen of the state in which such alien is domiciled.
3 Key rules for Diversity
1) Complete diversity is required, you have to have different states on opposite sides of the v
2) Citizenship for diversity purposes is determined on the date the claim is filed
3) Citizenship is defined as domicile (see definition from case)
Principle Place of Business Test
1) Nerve Center Test-look for location of corporate decision making authority (corporate headquarters is most likely)
2) The Muscle Test-where are most of the corporate activities or the operating assets; where is most of the production taking place.
3) The Total Activity Test-look at all of these factors and then pick the best place
Unincorporated Associations and citizenship
The association is a citizen of each state that its members are citizens
Representative actions and citizenship
The representatives of children, elderly, or deceased persons are deemed to have the citizenship of the persons that they represent.
Change of Domicile
may be effected only by a combination of two elements: a) taking up residence in a different domicile w/ b) the intention to remain there.
Domicile
the place of their true, fixed, and permanent home and principal establishment, and to which they have intention of returning whenever he is absent therefrom
Computation of Damages
1) Profits unjustly received by D
2) P's losses
3) Punitive damages
Computation of Damages in injuctive relief actions
1) Look to the value of the right that P is seeking to protect
i. Could look to the past and potential future harm
Fed Rule 11 (attorney belief)
The lawyer has to have a good faith belief that the amount in controversy is satisfied
Fed Rule 8 (damages inclusion in claim)
The demand for judgment must be in the complaint
Damages in multiple claims
In general, single P's can aggregate against D if there is a single, indivisible harm. They cannot aggregate if the claim is separate and distinct.
The sum of damages
The sum claimed by P controls if the claim is apparently made in good faith. § To dismiss a claim, it must appear to a legal certainty that the claim is less than the jurisdictional amount.
Federal Question Jurisdiction
Jurisdiction exists if the dispute arises under federal law
USC Section 1331 (federal question)
i. The district cts shall have original jurisdiction of all civil action arising under the Constitution, laws, or treaties of the US
Well-pleaded complaint rule
if a federal question does not appear on the face of a well-pleaded complaint, there is no subject matter jurisdiction
Osborne rule of federal question
Any case involving "a creature" of federal law can be brought in Federal ct.
Louisville rule of federal question
A suit arises under the constitution and the laws of the US only when P's settlement of their own cause of action shows that it is based upon those laws or that constitution.
USC section 1338 (original jurisdiction)
a) DCT shall have original jurisdiction of any civil action relating to patents, plant variety protection, copyrights and trademarks. Such jurisdiction shall be exclusive of the state cts.
Holmes Creation Test
· A suit arises under the law that creates the cause of action; whether it is wrong or not depends upon the law of the State where the act is done
§ Must create the right to sue
Section 1441
i. Only a civil action that could have originally been brought in federal ct may be removed (only if the state ct action involves a federal question or meets the requirements of diversity or both) (1441(a))
When the removal is based on a federal question, any D may remove regardless of the citizenship or residence of the parties (1441(b))
(protect D's against Ps who try to prevent removal by attaching a non-removable claim to a removable one) When a separate and independent claim or cause of action based on federal question jurisdiction is joined w/ one or more non-removable causes of action, the entire case can be removed to federal ct. (1441(c))
The state ct need not have jurisdiction over the original claim. A federal ct can hear a removed claim, even if the state ct from which it was removed lacked jurisdiction. (1441(f))
12(b)
you can respond in your answer or in a pre-answer motion any complaints to personal jurisdiction
12(h)(1)
12(h)(1) personal jurisdiction, venue, incipiency of process must all be raised early or they are waived.
12(g)
If you have multiple front end objections (like above) you must raise them all in a single motion
Waivable defenses
personal jurisdiction, venue, insufficient process, insufficiency of service of process
Non-waivable defenses
subject matter jurisdiction, failure to state a claim, and failure to join an indispensable party.
Section 1447(d)
Under 1447(d): not removable on appeal unless it was removed under 1443 (civil rights cases)
DCT and remands
A DCT can remand only those state law claims that it could have declined to hear under 1367.
"full" right of surviorship language and cotenancy
"full rights of survivorship" means you cannot severe the other parties right of survivorship
Ames holding
Ames: where property stands in the name of joint tenants w/ the right of survivorship, neither party may transfer the title to the premises and deprive the other of such right of survivorship
Mortgage Lien Jurisdiction
The mortgage is a lien and does not severe joint tenancy
Mortgage Title Jurisdiction
The mortgage is not a lien; it is a conveyance. Then it would severe the joint tenancy.
Liens on joint tenancy interst at death
when his interest ceased on his death, the lien of the mortgage expired w/ it.
Severence of joint tenancy w/o explisit agreement
Intention to divide the property is enough to severe the joint tenancy and create a tenancy in common.
"joint names" language in deeds
Even though it states that the property would remain in joint names, this only affirms the intention to have a tenancy in common and not a joint tenancy.
Venue
Where in this court system should be the case be heard
1391 (venue)
i. 1391(a) Pure diversity cases
1) When an action is based solely on diversity, venue is proper in the district where any D resides if all D's reside in the state;
2) also in any district where a substantial amount of the events or omissions giving rise to the action occurred, or a substantial amount of property is located
a) Venue would be proper in multiple districts
3) is proper in any district where D is subject to personal jurisdiction at the time the action is commenced.
ii. 1391(b) Federal Question or mixture of diversity and federal question
1) Venue is proper in any district where any D resides if all D's reside in the same state; A substantial amount of events giving rise to the claim occur
2) If a substantial amount of property is found
3) Where any D may be found if there is no District in which the action may otherwise may be brought
a) Only if the other's don't work
iii. 1391(c)
1) If D is a corporation, they can be sued in any district in which the corporation is subject to personal jurisdiction at the time the action is commenced
2) If a state has more than one judicial district, the corporation that is subject to subject matter jurisdiction in that sate may be sued in any of the districts of the state w/n which it has contacts that would proper to have personal jurisdiction in that district
3) If there is no such district, then the corporation will be deemed to reside in the district that it has the most significant contacts w/
1404 (transfer)
i. For the convenience of parties and witness in the interest of justice, a district ct may transfer any civil action to any other district or division where it might have been brought
Forum non conveniens
You dismiss an action rather than transfer it, even when the ct has jurisdiction
Rules for Forum non conveniens
P must have an alternative forum available. Look at private interests and public interests
local action
has to be heard and resolved locally
transitory action
can be heard in place to place
New standard for venue
The new standard for venue does not focus on deliberate contact, but on the location where events occurred.
Transfer and P's complaint
You can only transfer to the places where you would have jurisdiction and venue where P could have instituted the action as a original
P's interest in forum non conveniens
Ct does not look at whether the proposed forum would be less favorable to P, only if there is a remedy available
Byrd Balancing test
State's interest
Federal interest
What is the likelihood of a different outcome
Rule of Byrd
We should use the state procedural rule only if the state interest is very important and there is no federal interest involved.
USC 2072 Rules Enabling Act
a) The SP CT shall have the pwr to prescribe general rules of practice an procedure and rules of evidence for cases in the US district cts.
b) Such rules shall not abridge, enlarge or modify any substantive right.
Rule of Hanna
We should follow state procedure only where there is no conflict w/ federal procedure.
Alternative Holding of Hanna
There is a strong federal interest in the uniform application of the fed rules of procedure as expressed in the Rules Enabling Act. Is the federal rule broad enough to crowd out the state rule?
When does Hanna apply?
Hanna only applies if there is a direct conflict b/w federal rules and state laws
de novo
app ct tries the case anew; little deference to TCT
sbuse of discretion
deference to the TCT
Erie doctrine and choice of law provision
Federal cts sitting in diversity should apply state choice of law provisions
joinder of claims
claims that arise out of the same causes of actions can be joined
Federal Rule 18(a)
Federal Rule 18(a) Allow joinder of all claims a person has against an opposing party if the subject matter jurisdiction prerequisites are met.
Interpreting what state law is
it is fair to infer from other state sp ct rulings that the would be willing to reconsider past rules
Federal Rule 13
(a) Compulsory Counterclaims. A pleading shall state as a counterclaim any claim which at the time of serving the pleading, the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the ct cannot acquire jurisdiction.
(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.
Counterclaims and subject-matter jurisdiction
If it is compulsory, then it is ancillary to original claim and will be heard under principles of supplemental jurisdiction
If it is permissive, there must be an independent subject-matter jurisdictional base to bring it
Arising out of the same transaction and occurance
An action arises out of the transaction or occurrence if there is a logical relationship between the claims; there need not be an absolute identity of factual background.
Impleader
Bring in new people that were not previously involved w/ the original lawsuit
Federal Rule 14(a)Third Party Practice
At any time after commencement of the action a defending party, as a third-party P, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party P for all or part of the P's claim against the third-party P
Traditional Rule of Joinder of Parties
You can only join the actions if the damages are joint, not if you separately suffer damage
Necessary Parties
Necessary parties-parties who should be included if possible, but you do not absolutely have to include them
Indispensible Parties
Indispensable parties-must be included; if we can't include them, then the action cannot proceed and must be dismissed.
Federal Rule 13(g)Crossclaims
Cross-claim against co-party. A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or over property that is the subject matter of the original action.
Federal Rule 13(h) Joinder of Additional Parties
Joinder of Additional Parties. Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance w/ the provisions of Rules 19 and 20
Subject-matter jurisdiction for crossclaims and thrid-party claims
If a rule 13 cross-claim or a rule 14 third-party claim is part of the same transaction or occurrence and if the court has subject-matter jurisdiction, then you do not need an independent subject matter jurisdiction
Bringing in a third party for indemnification
You do not need a judgment against D before you can bring in the third-party, you can bring them in if you may or will be liable
Facts to be considered in determining whether to grant leave to implead (when the claim is late):
§ Whether the movant deliberately delayed or was derelict in filing the motion
§ Whether impleading would unduly delay or complicate the trial
§ Whether impleading would prejudice the third-party D
§ Whether the third-party complaint states a claim upon which relief can be granted
Federal Rule 20 (Permissive Joinder of Parties
(a) Permissive Joinder. All persons may join in one action as P's if they assert any right to relief jointly, severally, or in the alternatives in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as D's if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transaction or occurrences and if any question of law or fact common to all D's will arise in the action. A P or D need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more according to their respective tights to relief and liability.
Test for joinder of parties
(1) Must arise out of the same transaction or occurrence or a series of related transactions or occurrences, and
(2) Each of the P's claims must have a common issues of law or fact
Federal Rule 42(a) (consolidation)
A ct may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the action consolidated in order to avoid unnecessary cots or delay.
federal rule 19(a)
i. You can ad Anyone who can help adjudicate the rights of the parties already involved
ii. People who could get hurt if you go forward w/o them; everyone w/ an interest in the litigation
federal rule 19(b)
When can you ad:
i. Would the absence of the party be prejudicial
ii. Can you shape the judgment or the relief to avoid any prejudice
iii. Will judgment w/o that party be adequate, and
iv. Will P have an adequate remedy if the lawsuit is dismissed if the lawsuit is dismissed for failure to join an indispensable party
factors under federal rule 19(b)
(1)(a) P has an interest in selecting the forum, and we want to be deferential to that interest
(b) We want to preserve judgments won in trial ct, instead of reversing on appeal
(2) D has an interest in avoiding multiple litigation, but Dutcher's insurance co. didn't raise the issue of defending multiple lawsuits in trial
Argument is waived
(3) There is an interest of the outsider that it would be desirable to join, but b/c they're not here, they are not bound to the judgment
(4) The interest in the courts and the public in having litigation settled efficiently