Civil Procedure Ii

Front 1

Rule 17

Back 1

Real Party in Interest

Front 2

Rule 18

Back 2

Joinder of Claims

Front 3

Rule 19

Back 3

Required Joinder of Parties

Front 4

Rule 19

Back 4

Required Joinder of Parties

Front 5

Rule 20

Back 5

Permissive Joinder of Parties

Front 6

Rule 42(a)

Back 6

Consolidation

Front 7

Rule 42(b)

Back 7

Separate Trial

Front 8

Rule 21

Back 8

Misjoinder or Nonjoinder of parties (sever the parties)

Front 9

Rule 14

Back 9

3rd Party Practice
(an appropriate device for D's to bring in other D's that may be liable to P).

Front 10

Evidence Rule 606B
Post Trial Motions

Back 10

Inquiry into validity of verdict or indictment.
a juror may testify about (1) whether extraneous prejudicial information was improperly brought to the jury's attention, (2) whether any outside influence was improperly brought to bear upon any juror, or (3) whether there was a mistake in entering the verdict onto the verdict form

Front 11

Rule 14

Back 11

3rd Party Practice or Impleader

Front 12

2 Part test for Permissive Joinder of Parties

Back 12

1. Arise from the same transaction or occurrence and To satisfy 1 there must be a logical relationship between the claims
2. Have in common a question of law or fact
Req 2 Usually easier to satisfy since only one common question of law or fact need exist to connect the claims.

Front 13

Impleader

Back 13

permits defendant to serve a 3rd party complaint on a nonparty who is or may be liable to it for all or part of the claim against it.

Front 14

Rule 22

Back 14

Interpleader

Front 15

Res Judicata

Back 15

Claim Preclusion
First decision must be on the merits on the case.

Front 16

Collateral Estoppel

Back 16

Issue Preclusion

Front 17

Res Judicata Elements

Back 17

1. The parties must be the same or in privity;
2. The cause of action must be the same;
3. What is the test for whether the CoA is the same
4. There must have a final decision in the first suit;
The first decision must have been on the merits.

Front 18

Collateral Estoppel Elements

Back 18

1. Same party/privity
 This element is not required under the modern version of CE.
2. Different C/A
 Same analysis that is done under RJ (TOMS, Convenient trial unit, expectation of the parties)
3. Issue was Actually Litigated
4. Issue was necessarily determined
5. Final judgment
 What is final for C/E purposes is easier to meet than what is required for RJ. Prof calls this a softer finality requirement.

Front 19

USC 1335 -- Statutory Interpleader

Back 19

1. at least $500
2. do not need complete diversity

Front 20

Interpleader - brought by a defendant. (Husband

Back 20

You know you are liable. Allows someone who is holding money and there is competing claimants to throw money into a pot at the court and lets the court decide who is entitled to the money (so they are not sued multiple times by each claimant individually).

Front 21

Rule 24

Back 21

Intervention

Front 22

Rule 23

Back 22

Class Action

Front 23

Intervention (2 types)

Back 23

1. Intervention of right:
- Either by statute OR
-Must meet elements of R.24;
2.Permissive intervention
-Either by statute OR
-Must meet the elements of R.24(b)(1)

Front 24

Rule 57

Back 24

Declaratory Judgment

Front 25

Scintilla Test

Back 25

There is no Scintilla of Evidence for the non-moving evidence. a judge will deny the motion for new trial if there is any evidence for the jury to decide on.

Front 26

Rule 59

Back 26

New Trial; Altering or Amending a Judgment
1. the court may on motion

Front 27

Rule 50

Back 27

Judgment as a Matter of Law in a Jury Trial

Front 28

remittur

Back 28

striking a deal.
enough to shock the conscious of the judge.