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7 Cards in this Set

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Before you even get to joinder, what two things should you think about?
Real party in interest and capacity to sue or be sued
High level, what is "real party in interest"?
The party who under governing substantive law has the right to enforce a claim
High level, what is "capacity to sue or be sued"?
You need to figure out if the parties you want to sue have legal competence. For example, partnerships may not be sued, just the members...
If a situation calls for joinder for someone not a party to the suit, what is the key question?
Is the joinder compulsory?
What are the two key questions for analyzing whether an absentee party is compulsory in joinder? (2)
If (1) the absentee party would prevent the awarding of "complete relief" or (2) would prejudice current parties interests.
If you have identified that a party is compulsory, what is the next key question? (2)
Is (1) the party "indispensable" and the action cannot proceed w/o them or (2) the party is "necessary" but the action can proceed.
What are the three key question in analyzing whether "permissive" joinder is appropriate?
Is (1) the relief sought "jointly, severally, or in the alternative"; (2) doe the claim "arise out of the same transaction" or series; and (3) is there a common question of law or fact?