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7 Cards in this Set
- Front
- Back
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Before you even get to joinder, what two things should you think about?
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Real party in interest and capacity to sue or be sued
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High level, what is "real party in interest"?
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The party who under governing substantive law has the right to enforce a claim
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High level, what is "capacity to sue or be sued"?
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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...
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If a situation calls for joinder for someone not a party to the suit, what is the key question?
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Is the joinder compulsory?
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What are the two key questions for analyzing whether an absentee party is compulsory in joinder? (2)
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If (1) the absentee party would prevent the awarding of "complete relief" or (2) would prejudice current parties interests.
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If you have identified that a party is compulsory, what is the next key question? (2)
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Is (1) the party "indispensable" and the action cannot proceed w/o them or (2) the party is "necessary" but the action can proceed.
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What are the three key question in analyzing whether "permissive" joinder is appropriate?
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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?
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