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121 Cards in this Set

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For a practicing lawyer, knowledge of the rule is ultimately less important than:
(1) the trained capacity for clear and critical reading and listening; (2) the trained capacity for clear and controlled speaking and writing; and (3) the trained capacity to recognize, assess, make and respond to arguments.
The lawyer who assumes that there is one right and certain answer to legal questions is:
naive, misguided, and all to often a loser - though he may be perfectly fine person.
The lawyer who thinks the fact that there is not one right and certain answer to questions of law means that "anything goes" is:
naive, misguided, and all to often a loser - though she may be perfectly fine person.
In order to understand and use the law of civil procedure, a lawyer must distinguish between:
(1) those areas of law in which cases merely apply and exemplify law that is clearly stated elsewhere (e.g. in statutes or rules); and (2) those other areas of law in which decided cases are, in some significant degree, making the law.
Areas of law in which cases merely apply and exemplify law that is clearly stated elsewhere (e.g. in statutes or rules) include:
- Joinder
- Discovery
- Pleading (with exceptions)
- Mechanisms for Disposition (with exceptions).

(know two for the midterm)
Three areas of the law in which decided cases are, in significant degree, making the law are:
(1) personal jurisdiction - Pennoyer, International Shoe, an their progeny; (2) choice of law applie when state action is tried in federal court- Erie and its progeny; and (30 right to jury trial.

(know one for the midterm)
A pleading is:
a compliant or an answer to a complaint. F.R.Civ.P. 7(a)

(not a motion)
A motion is:
An application for a court order-- and it is not a 'pleading." F.R. Civ. P. 7(b).
An affidavit is:
A written statement that some person has formally sworn to be true.
A person who signs an affidavit is:
an "affiant."
A bench trial is:
A non-jury tiral in which the judge is the finder of fact.
To properly initiate a lawsuit, there must be what five elements:
(1) personal jurisdiction;
(2) subject matter jurisdiction;
(3) venue
(4) service
(5) notice
What is the "service" to which we refer when, for instance, we speak of "service of process?"
"Service" refers to the formal delivery of a writ, summons, subpoena, or other legal process that has been issued by a court.
What is the "Process" to which we refer when, for instance, we speak of "service of process?"
"Process" is a summons or writ issued by a court and usually ordering a person to appear or respond in court.
The difference between dismissal with prejudice and dismissal without prejudice is:
When a case is ddismissed with prejudice, the plaintiff is barred (res judicata) from refiling.
What is execution (as in "execution of judgment")?
Execution is the judicial enforcement of a money judgment, usually through a sheriff's seizure and sale of the judgment debtor's property.
What is a writ of execution?
A writ of execution is an order, issued by a court in which a final judgment has been rendered, directing a sheriff to enforce a money judgment.
Assignment is:
The act by which one person transfers to another all or part of some property, interest or right.
Personal Jurisdiction is:
the power of a particular place over the person or property of a particular defendant.

(To be clearly distinguished from subject matter jurisdiction.)
In federal district courts, personal jurisdiction localizes adjudication at the level of what geographical unit?
The state.
What law determines whether a defendant is subject to a personal jurisdiction in a particular federal district court?
(1) the forum state's law of personal jurisdiction (incorporated through F.R. Civ. P. 4(K)(1)(A)) and (2) the Fourteenth Amendment of the U.S. Constitution (as a limit upon the law of the forum state.)
Historically, personam jurisdiction was:
that form of personal jurisdiction which was based on the presence of the defendant's person within the forum state.
Historically, in rem jurisdiction was:
that form of personal jurisdiction which was based on the court's power over some property which is within the state, attached, but not the subject of the dispute.
A special appearance is:
an appearance by which a defendant may raise threshold defenses such as lack of personal jurisdiction or lack of notice even though his presence in the court might normally have cured or waived the asserted defect. Not required under the federal rules. (i.e. I have no notice claim....but if you show up otherwise you have de'facto' notice.)
What is constructive notice?
Constructive notice is notice imputed to a person by presumption of law, often contrary to fact- as in the case of "notice" by publication of a legal notice in the tiny print in the back of some local newspaper.
Venue is:
A set of rules localizing the place of litigation that, in the federal system, localizes adjudication at the level of Judicial District. 28 U.S.C. 1391
If there is personal jurisdiction, can you be assured that there is some judicial district in which there is no venue.
Yes. 28 U.S.C. 1391
If there is personal jurisdiction, can you be assured that there is some judicial district in which there is venue?
Yes. 28 U.S.C. 1391
What is the distinction between general and limited jurisdiction? Does the distinction reside in the law of personal jurisdiction or of subject matter jurisdiction?
In the law of subject matter jurisdiction, this is the distinction between (1) those courts that have subject matter jurisdiction over all claims (except those excluded by statute) and (2) those other courts that have subject matter jurisdiction only over those claims for which they are given explicit statutory authority (including the federal district courts). Casebook at 5.
Subject matter jurisdiction?
the power of a particular court to adjudicate controversies of a particular type (e.g., federal questions, diversity, marriages, small claims). To be clearly distinguished from personal jurisdiction.
Cases over which federal jurisdiction courts have subject matter jurisdiction may also be brought:
in state courts of general subject matter jurisdiction.
What does it mean to say that state and federal courts may have concurrent jurisdiction?
State and federal courts have concurrent jurisdiction when, as is often the case, both courts could exercise subject matter jurisdiction over the same claims.
For purposes of this course, federal district courts have original subject matter jurisdiction over:
(1) federal questions;
(2) diversity actions;
(3) claims for which there is supplemental jurisdiction;
(need to know first two for mid-term.)
According to the controlling statute, diversity jurisdiction depends upon the states in which the parties are:
citizens (28 U.S.C. 1332 (a)
For purposes of diversity jurisdiction, the states in which the parties are citizens depends upon the states in which they are:
domiciled.
For purposes of diversity jurisdiction, what is the meaning of domicile?
Residence plus the intent to remain indefinitely.
For the purposes of federal subject matter jurisdiction, what is the time at which diversity must exist (e.g. the time of the incident, the time of the filling or the time SMJ is challenged.)
The time of the filing.
Rules governing discovery are:
Federal Rules of Civil Procedure 26-37 and 45.
What is the most important method of pre-trial discovery that is not specified in Civil Rules 26-37 and 45?
Plain old-fashioned investigation in which questions are asked without reliance on the coercive power of the district court.
Are there any circumstances in which a lawyer may be barred from communicating with someone who may have information relevant in the case?
A lawyer is forbidden to communicate with any person who the lawyer knows to be represented by another lawyer in the matter at hand, unless she has the consent of that person's lawyer.
In matters related to discovery, how great is the power of the district court judge? Shy?
ENORMOUS. Because they are not final orders, discovery ruling are almost never subject to appellate review. This is especially true prior to trial and after trial, there's rarely any point in appealing such rulings. Review is on a very lenient form of "abuse of discretion."
Material is generally discoverable if:
it is "relevant to the claim or defense of any party" and "appears reasonably calculated to lead to the discovery of admissible evidence." F.R. Civ. P. 26 (b)(1).
Under what circumstances is a party permitted to secure the discovery of privileged materials?
Never. F.R. Civ. P. 26(b)(1)
Under what circumstances is a party permitted to secure the discovery of trial preperation materials?
Only on a special showing of need. (Midterm Answer)

Only on a showing of substantial need and undue hardship in obtaining equivalent materials. F.R.Civ.P. 26(b)(3).
What are "required disclosures," when are they required, and what is it that is required?
Under F.R.Civ.P. 26(a)(1), required disclosures are the "discovery" disclosures that a party must provide -- without request by another party -- at the onset of litigation.
Is it grounds for objection that the information sought through discovery is confidential (e.g. tax records)?
No.
Is it grounds for objection that the information sought through discovery will not be admissible at trial (e.g. information regarding changes in design of a product subsequent to injury?)
No. According to F.R.Civ.P.(b)(1) "relevant information need not be admissible at trial if the discovery appears to be reasonably calculated to lead to the discovery of admissible evidence." F.R. Civ. P. 26(b)(1). (What is admissible at trial is much smaller that what is relevant for pre-trial discovery.)
The mechanism(s) by which a party may secure written answers to written requests is(are):
written interrogatories. (F.R.Civ.P. 33; only from parties not form non-parties.)
The mechanism(s) by which a party may secure the sworn, pretrial testimony of another person is(are):
the deposition.
(F.R.Civ.P. 30 from parties) and the subpeonea (F.R.Civ.P.45 from non parties.)
The mechanism(s) by which a party may secure discovery against non parties is (are):
A Subpeonea
The mechanism(s) by which a party may secure the discovery of documents is (are)
the document demand (F.R.Civ.P.34, from parties) and the subpeona duces tecum (F.R.Civ.P.45, from non parties).
Courts may become involved in discovery disputes through:
(1) motions for protective orders (to quash or modify a subpoena); or
(2) motions to compel discovery
F.R.Civ.P.26(c), 37, 45(c).
A subpoena is:
An order issued by the clerk of the court and commanding a named person to appear at a specified time and place for the providing of sworn testimony and to produce documents or other tangible things. F.R. Civ. P. 45
A subpoena duces tecum is:
A subpoena commanding a named person to appear at the specified time and place for the purpose of providing sworn testimony and to produce documents or other tangible things. F.R.Civ.P.45
What is a motion to quash, by whom may it be brought, and what purpose might it serve?
Under F.R.Civ.P. 45(c), a person upon whom a subpoena has been served may bring a motion to quash or modify the subpoena on grounds including privilege and undue burden. If a motion to quash is granted, the moving party is relieved of all obligations under the subpoena.
Assume you are deposing the other party, you ask who was present at a particular meeting, and you are told that "A, B, and C were present." Are you now ready to move on to your next subject?
No. You should not assume that A,B, and C were the only ones present. Pursue at least a little further asking for instance, "was anyone else present for all or part of that meeting."
Prior to discovery, the defendant has admitted to his lawyer that the sexual relations he had with the plaintiff were non-consensual (privileged material). Then in deposing the defendant the plaintiff's lawyer asks "Didn't you tell your lawyer that your sexual relations with the plaintiff had been non-consensual?" What should the counsel for the defendant now do? What should counsel for the plaintiff then next do?
Counsel for the defendant should object on the grounds of attorney-client privilege. Counsel for the plaintiff should then ask "where your sexual relations with the plaintiff non-consensual?" Be sure you understand that the first question calls for privileged materials and the second does not.
Prior to the discovery the defendant admits to his lawyer that the sexual relations he had with the plaintiff were non-consensual. Then in deposing the defendant, counsel for the plaintiff asks, "where your sexual relations with the plaintiff consensual or non-consensual?" Defendant responds, consensual. What if anything should be done now by counsel for the defendant?
Counsel for the D is obligated to cure the misrepresentation. That will normally involve telling the client in private that he can't do that and the record must be corrected and that if he will not do so then the attorney will be obligated to withdraw from the case. The next time they go on record, defense counsel might explain there was some sort of misunderstanding and that the defendant would like to clarify his testimony with respect to the question of consent.
You should assume that, prior to your deposition of an adverse party, that party's lawyer will have coached him to:
Make it as hard as humanly possible to get the information you seek. - (Midterm answer)

(1) take time and think before answering;
(2) answer only the question that has been asked and to do so briefly;
(3) testify only as to those things the witness "actually" knows, overcome resistance to saying "i don't know" or "i don't remember";
(4) pay close attention to his lawyer and any objections the lawyer might make;
(5) when asked whether the lawyer coached him in connection with the deposition, just say "he told me to tell the truth".
If you are deposing the other party and that party is about to give away the store, you should assume that her lawyer might:
Do everything she can to keep her client from giving away the store (midterm answer)
If you have served the other side with a document request (DR ) and they have turned up a smoking gun(SG) that may be called for by your request, what should you assume they will do?
Everything possible to keep the SG out of your hands.
Assume the other side has served you with a document request and you have turned up a smoking gun that appears to be called for by their request. You have exhausted all fair and legal means to avoid its production or settle the case. What's next.
You consult with your client and then produce the smoking gun.
How many core questions are answered by the law of joinder? What are they?
10. They are on page 8 in the handbook.
The rules of joinder sometimes say "may" and sometimes say "must." Do these words have single and stable meanings?
No. There are a variety of persons to whom these mays and musts are variously directed. Further must always means "must or something" and the relevant "something" will vary.
For the purposes of these flashcards, what is the term that is taken to include STO, STOSTO + CQ, CNOF, SAOF?
Relatedness
What is STO?
Same Transaction or Occurrence
What is STO STO + CQ?
Same transaction or occurrence or series of transactions or occurrences plus a common question of fact.
What is CNOF?
Common nucleus of operative facts.
What is SAOF?
Same aggregate of operative fact.
Rule 20(a)(first sentence) says "All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally or in the alternative 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." In the first instance, what joinder question does this answer? Under what circumstances?
What parties may plaintiff join -- as plaintiffs.
Rule 20(a)(second sentence) says "all persons may be joined in one action as defendants 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 transactions and if any question of law or fact common to all defendants will arise in the action. In the first instance, what joinder question does this answer? Under what circumsatnce?
What parties may plaintiff join -- as defendants.
Rule 18(a) syas "a party asserting a claim to relief as an original claim, counterclaim, cross claim, or third party claim, may join either as independent or as alternative claims, as many claims, legal, equitable, or maritime, as the party has against an opposing party." (a) In the first instance what joinder question does this answer? (b) Under what circumstances? (c) who else does it empower?
(a) what claims may the plaintiff join (against a d)? (b) Plaintiff may join all such claims. (c) It empowers anyone else who (through the authority of some other rule) asserts a claim.
Rule 13(a) says "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 court cannot acquire jurisdiction." (a) In the first instance, what joinder question does this answer? (b)Under what circumstances? (c) What is the meaning of shall?
(a) What claims must the defendant join (against a P)? We will also conclude that as to these claims, it provides a partial answer to the question "What claims may a defendant join?" (b) When teh claim is related (STO plus "does not require") to the plaintiff's claim. (c) Assert it now or be barred from asserting it later.
Rule 13(b) says "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." (a) In the first instance, what joinder question does this answer? (b) Under what circumstances?
(a) What claims may defendant join (against a plaintiff)? (b) Unrelated.
Rule 13(g)("cross-claim against co-party") says "A pleading may state as a cross-claim any claim or 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 relating to any property that is the subject matter of the original action." (a) in the first instance, what joinder questions does this answer? (b) under what circumstances?
(a) What claims may the defendant join -- against a co-defendant? (b) Unrelated.
Rule 14 ("third party practice") says "at any time after commencement of the action a defending party as a third party plaintiff, 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 plaintiff for all or part of the plaintiff's claim against the third-party plaintiff." (a) What joinder question does this answer? (b) Under what circumstances?
(a) What parties may the defendant join? (b) Defendant asserts or may assert secondary or derivative liability.
Res judicata sometimes functions as a joinder rule because:
It may operate to bar claims that should have been but were not, joined in a previous usuit.
What parties may plaintiff join as plaintiffs?
Any plaintiffs who assert related claims (i.e. any who are Sto Sto and CQ) Rule 20(a) first sentence.
What parties may plaintiff join as defendants?
Any against whom related claims are asserted. (i.e. any against whom are asserted claims that are STO STO and CQ). Rule 20 (a) Second sentence.
Rule 20(a) (first sentence) provides that all may join as plaintiffs who are STOSTO + CQ --"if they assert any right to relief jointly severally, or inthe alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences" if there is"any questions of law or fact common to all..." Does this empower persons who the original plaintiff has not joined in the lawsuit to join that suit as plaintiffs?
No.
What is a counterclaim?
A claim that the defendant asserts against a plaintiff. Rule 13(a) and (b).
To whom is a compulsory counter claim compulsory? Explain.
A compulsory counterclaim is compulsory upon the the defendant. It is denominated a compulsory counter claim in rule 13(a) but the compulsion arises out of the law of res judicata.
To whom is a permissive counterclaim permissive? Explain?
Rule 13(b) permissive counterclaim is permissive upon the defendant. (Once properly sought, it is mandatory upon the court in the sense that the court may not, in its discretion, decide not to grant it.)
Under the law of joinder, are all defendants permitted to join all---or only some--of the claims they have against the plaintiffs?
ALL-- defendants are permitted to join all of the claims they have against the plaintiffs.

Rule 13(a) requires the joinder of all counter claims that are STO. 13(b) permits the joinder of all counter claims not sto. Basically that is everything sto or not sto.
What is a cross-claim?
A claim that one defendant asserts against another defendant. (Rule 13(g)).
What is impleader?
A joinder mechanism that permits a defendant (as third-party plaintiff) to join a non-party (as a third party defendant) who is or may be secondarily or derivatively liable to the defendant. Rule 14.
Under what circumstances can a named defendant secure the joinder of a non-party on the ground that the non-party is liable to the plaintiff and the defendant is not?
Never.
Under what circumstances can a named defendant secure the joinder of a non-party on the ground that the non-party is, together with the defendant, jointly liable to the plaintiff?
Without more, never. If the non-party may be jointly liable may also owe to the defendant a right of contribution, it may be impleaded under Rule 14.
What is a third-party plaintiff?
A defendant who joins (impleads) a non-party under Rule 14.
What is a third-party defendant?
A non-party who is joined (impleaded) under Rule 14.
My two favorite examples of persons who may be secondarily or derivatively liable (under 14 re impleader) are:
(1) D's liability insurance company, who if D is liable to P, is or may be liable to D; and (2) D's joint tortfeasor if D has or may have a right of contribution and, if D is liable to P, is or may be liable to D.
What is joint liability?
liability by which each of several persons may be responsible for an entire obligation, as when each of several joint tortfeasors may be liable for the entire obligation arising from the tort.
What does it mean to say that a joint tortfeasor has a right of contribution?
It means that if a single joint tortfeasor is sued and found liable for the entire amount of the injury caused to the plaintiff, he may sue the other joint tortfeasors pay to him a share of the compensation he has provided to the plaintiff.
Indemnification is:
The act by which a person who is subject to some loss (e.g. through the loss of a lawsuit) is, through payment, wholly or partially reimbursed for that loss (e.g. though payment under liability insurance). It is relevant to the law of joinder through Rule 14 because it involves a kind of secondary or derivative liability.
Plaintiff has a non-federal diversity claim against a single defendant; the defendant has impleaded a third-party defendat, and plaintiff seeks to assert a related claim against the third party defendant. Under the law of joinder (and setting aside, e.g. question of subject matter jurisdiction) may the plaintiff join her claim?
Yes. According to the seventh sentence of Rule 14(a) which provides that "The plaintiff may assert any claim against third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff".
Rule 19 deals with necessary and indispensable parties. For purposes of this course, who is empowered by that rule? To do what?
Rule 19 may empower the defendant, by motion (1) to secure a court order compelling the plaintiff to join a necessary party or (2) to secure dismissal because of the absence of an indispensable party.
What is a necessary party?
A party who is so closely connected to an action that, if he is available, the defendant may bring a motion under Rule 19 and secure a court order compelling the plaintiff to join the party.
What is an indispensable party?
A party who is so closely connected to an action that, if he were available his joinder could be compelled under Rule 19(a) -- but who cannot be joined because of jurisdiction or venue and, in whose absence, the court may conclude that the case must be dismissed under Rule 19(b).
My favorite example of a person who may be subject to multiple or inconsistent obligation is:
The insurance company that has issued a life insurance policy of which the named beneficiary is "my husband" when claims are or might be asserted by the husband-at-the-time and by the current husband.
My favorite example of a person in whose absence complete relief cannot be accorded among the existing parties (e.g., under Rule 19(a)(1)) is:
The nonparty (NP) when P1 sues D1 for specific performance on a contract on the sale of land, D1 and NP own that land jointly, and the transfer of title will require the signatures of both D1 and NP.
What is a class action?
A joinder device by which one or more plaintiffs are allowed to litigate a group of claims on behalf of a group of absent but similarly-situated plaintiffs.
What are the prerequisites of a class acton?
According to rule 23(a) there must be NCTAR--(1) Numerosity, (2) Commonality; (3) Typicality; (4) Adequacy of Representation.
What is class certification?
The court order, sought through a motion by the plaintiff who has filed a class action, by which the district court approves of th suit as a class action and specifies the represented class. It is only after class certification that the absent members of the class may be bound res judicata by the outcome of the suit.
What are numersoity, commonality, typicality and adequacy of representation (NCTAR)?
The prerequisites to a class action (Rule 23(c)).
If there is NCTAR, what are the tree circumstances in which class actions are available?
(a) separate actions risk practical impairment of interests of absent class members (e.g. insufficient funds) or class opponent (e.g. incompatible standards of conduct;) (b) party opposing class alleged to have based conduct on characteristics of the class and injunctive relief is appropriate (e.g. discrimination); and
(c) common questions predominate and class action is desirable (e.g. mass tort).
Once a class action has been certified, it may only be settled or dismissed....
with the approval of the court.
What is intervention?
A joinder mechanism that allows a non-party on his own initiative to join an on-going action. Rule 24.
To who is intervention of right mandatory? Explain.
Rule 24(a) intervention of right is mandatory upon the court in the sense that once it has been properly sought, the court may not in teh exercise of its discretion decide not to grant it.
To whom is permissive intervention permissive and not mandatory? Explain.
Rule 24(b) permissive intervention is permissive upon the court in the sense that, once it has been properly sought, the court may in its discretion decide not to grant it.
What is a stakeholder?
A person who holds some property (e.g. the proceeds of an insurance policy) that may be subject to multiple and inconsistent claims--and who may therefore want to invoke the rules of impleader.
What is interpleader?
A joinder mechanism that allows a stakeholder to initiate a suit to which it joins those who assert rights to the property. See Rule 22 and 28 U.S.C. 1335.
The joinder rule(s) under which joinder is permitted without regar to relatedness is (are):
After P has asserted her first claim against D, (1) P's joinder of other claims against D under Rule 18 and (2) D's joinder of counterclaims under 13 (a) and (b). Both involve the joinder of claims; neither involves the joinder of parties.
The joinder rules under which joinder is permitted under conditions of relatedness (e.g. STO, CNOF) are:
After P has asserted her first claim against D.
(1) P's joinder of other plaintiffs under the first sentence of Rule 20(a).
(2)P's joinder of other defendants under the second sentence of Rule 20(a).
(3) D1's joinder of cross claims against D2 under Rule 13(g).
Joinder rules under which joinder is permitted under conditions of secondary or derivative liability is (are):
The impleader of third-party defendants under Rule 14.
The joinder rule(s) under which joinder is permitted when there is a risk of multiple or inconsistent obligations is (are):
(1) the joinder of necessary parties under Rule 19(a); (2) interpleader.
Does the district court judge have authority to order the separate trial of a particular claims? Of particular issues? If so on what grounds?
Yes to Both. Under F.R.Civ.P. 42(b) a district court judge may order the separate trial of any claim or issue on ground of convenience, inefficiency or the avoidance of prejudice.
The joinder rule(s)under which joinder is obligatory upon a party is (are):
(1) (a) Joinder of claims: res judicata and (b) compulsory counterclaims under Rule 13(a) -- you will find these to standards are identical.
(2) Joinder of parties: Rule 19(a) once the court has issued an order compelling the plaintiff to join a "necessary" party.
Which of the following joinder rules are compulsory on the PLAINTIFF
(1) Comp. counter claims
(2) Perm. counter claims
(3) cross claims
(4) third party claims
(5) necessary parties
(6) indispensable parties
(7) joinder of plaintiff under Rule 20
(8) joinder of defendants under Rule 20
(9) class actions
(10) intervention of right
(11) permissive intervention
(12) interpleader
(13) declaratory judgment
(14) res judicata (as a joinder rule)
(1) Res judicata;
(2) Joinder of necessary parties under Rule 19
Which of the following joinder rules are compulsory on the DEFENDANT?
(1) Comp. counter claims
(2) Perm. counter claims
(3) cross claims
(4) third party claims
(5) necessary parties
(6) indispensable parties
(7) joinder of plaintiff under Rule 20
(8) joinder of defendants under Rule 20
(9) class actions
(10) intervention of right
(11) permissive intervention
(12) interpleader
(13) declaratory judgment
(14) res judicata (as a joinder rule)
(1) Compulsory Counter Claims under Rule 13(a)
Which of the following joinder rules are compulsory on the NON PARTY?
(1) Comp. counter claims
(2) Perm. counter claims
(3) cross claims
(4) third party claims
(5) necessary parties
(6) indispensable parties
(7) joinder of plaintiff under Rule 20
(8) joinder of defendants under Rule 20
(9) class actions
(10) intervention of right
(11) permissive intervention
(12) interpleader
(13) declaratory judgment
(14) res judicata (as a joinder rule)
(1) None of these.
Which of the following joinder rules are compulsory on the COURT?
(1) Comp. counter claims
(2) Perm. counter claims
(3) cross claims
(4) third party claims
(5) necessary parties
(6) indispensable parties
(7) joinder of plaintiff under Rule 20
(8) joinder of defendants under Rule 20
(9) class actions
(10) intervention of right
(11) permissive intervention
(12) interpleader
(13) declaratory judgment
(14) res judicata (as a joinder rule)
(1) With only two exceptions, all of these joinder opportunities are compulsory on the court if they are properly invoked. The exceptions are (1) indispensable parties and (2) permissive intervention.