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13 Cards in this Set
- Front
- Back
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What FRCP covers real party in interest rule?
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17
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What are the two requirements of the real party in interest rule?
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(1) she must use her own name and (2) she much have a legal right to enforce a claim
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What is a key exception to the real party in interest rule
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The court may permit a plaintiff to sue anonymously to protect them
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Who has the burden of proof for real party of interest?
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The plaintiff has the burden of proving the real party of interest
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Who can sue as representatives under 17(a)? (3)
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(1) executors, administrators, guardians, or trustees of estates; (2) party to a contract made for the benefit of another party; (3) private claimant suing in the name of US Gov't
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What rule covers permissive joinder?
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FRCP 20
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What does "jointly, severally" mean in rule 20?
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Each plaintiff does not need to be participating in each cause of action (they can seek separate or joint relief). Likewise, if several defendants are joined the relieve may be sought jointly or separately
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What does "in the alternative" mean in rule 20?
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If a plaintiff is in doubt as to which defendant is liable for his injuries.
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What is the "same transaction" requirement of rule 20?
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Very broadly construed. "Some causal relationship or interrelation" among the defendant's conduct (or in the interest of the plaintiffs)
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What is the "common question" of rule 20?
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Must be a single question of law or fact, but that question does not need to be in dispute.
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What rule governs joinder of claims?
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FRCP 18
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How is Rule 18 construed?
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The parties may assert as many claims as she has. The policy is unlimited.
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What does rule 20(b) tell us?
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That the court has the power to order separate trials or otherwise regulate the trial to control complexity.
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