Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/13

Click to flip

13 Cards in this Set

  • Front
  • Back
Compulsory joinder
A party is necessary, and must be joined if...

(1) complete relief cannot be given in his absence

(2) disposition in his absence may impair his ability to protect his interest in the controversy, OR

(3) His absence would expose existing parties to substantial risk of double/inconsistent obligations

IF ONE OF ABOVE SATISFIED, party can be joined if...

(1) There is PJ over him, AND (2) joining him will not destroy diversity or venue

NOTE: If necessary party cannot be joined, court must either proceed w/out the party or dismiss the case. It looks at these factors...

(1) is there an alternative forum available
(2) what is the actual likelihood of harm to the party?
(3) can the ct. shape relief to avoid that potential harm
Permissive joinder
2 requirements...

(1) The claim relates to or arises out of the series of occurrences or transactions, AND

(2) there is a Q of fact or law common to all the parties

NOTE: Must have SMJ
Impleader
Defending party wants to bring in someone new (TPD) b/c the TPD may owe indemnity or contribution to the defending party on the underlying claim

Time limits = right to imlead 14 days after answer; otherwise need ct. permission

Process of impleader
(1) file third party complaint
(2) S/p on third party (need PJ over him)
Once a TPD is joined, can the P assert a claim against him and may the TPD assert a claim against the P?
P v. TPD = Yes, if claim arises from STO as underlying case

TPD v. P = Yes, of claim arises from STO as underlying case

NOTE: Must have SMJ for any of these claims
Intervention
Absentee wants to join pending suit. Comes in as P or D; ct. can realign if he comes in on wrong side.

(1) Intervention as of right = Person's interest may be harmed if he is not joined and his interest is not adequately represented now

(2) Permissive intervention = Person's claim or defense and the pending case have at least one common Q (up to court). Cannot do if it will delay or prejudice other parties
Interpleader
One holding property forces all potential claimants into a single lawsuit to avoid multiple litigation

Stakeholder = person who owns the property

Claimants = people that want the property

NOTE: There is rule 22 interpleader and statutory interpleader
Rule 22 interpleader
(1) Must be complete diversity between stakeholder and all claimants and AIC of more than $75K, OR

(2) A FQ claim

(3) Normal service and venue rules apply
Statutory interpleader
(1) only minimum diversity required between claimants (one claimant must be diverse from the others) and $500 AIC

(2) Nationwide service and venue proper where any claimant resides
Class action
Initial Requirements

(1) Numerosity = too many class members for practicable joinder
(2) Commonality = Some Q's of law or fact in common to the class
(3) Typicality = Rep's claims or defenses typical of those of the class
(4) Representative is adequate = Rep will fairly and adequately represent the class

Then, it must fit w/ 1 of 3 types

(1) Type 1: Class necessary to avoid harm to class members/defendant
(2) Type 2: Injunction or declaratory judgment sought b/c class was treated alike by other party
(3) Type 3: Damages where (a) common questions predominate over individual questions, AND (b) class action better method of handling dispute
What must the court do if it certifies the case as a class action?
Appoint a class representative
Class representative requirements/duties
Must fairly and adequately represent the interests of the class

If a type 3 class, the court must notify all reasonably indentifiable class members (cost of notice paid for by the representative)
Can the parties dismiss or settle a class action?
Only w/ court approval
J/n for class action
SMJ = either FQ or diversity (only class rep's citizenship and stated AIC considered for diversity purposes)