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16 Cards in this Set

  • Front
  • Back
Joinder of Claims
Federal Practice FRCP 18; A single Plaintiff may join any and all claims against a single Defendent.
Compulsory Claims Joinder Rule
No Joinder rule requires P to join claims, even if related, in one suit.
Common law: Res Judicata, requires P to join related claims ( no claim splitting)
Counter Claims
Federal Practice: An affirmative claim asserted by D in his answer against the P.
Compulsory Counter Claims
If counterclaim arises out of the same transaction and occurence (logical relation test)it must be asserted or the claim will be barred in subsequent suits.
Supplemental Jurisdiction over compulsory counterclaims.
Permissive Counter Claims
If counterclaim does not arise out of the same T & O, it may be asserted at the D's option.
No supplemental jurisdiction.
Cross Claims
A permissive claim by a party against a co-party asserted in the answer, that arises out of the same T & O that is the subject of the orig. action.

Supplemental jurisdiction over proper cross claims in Fed. court.
State practice/ Cross Complaint
CA recognizes a cross complaint asserted by D against any party, as a separate pleading.
Joinder of Parties
Necessary Party
A party should be joined.
1) In absence, complete relief cannot be accorded among existing parties.

2) Interest in suit is such that;
a. Impair or impede his ability to protect that interest in later proceeding.
b. Expose parties to the lawsuit to a substantial risk of double, multiple or otherwise inconsistent obligations.
Joinder of Parties
Indispensable Party
A necessary party whom it is not feasible to join and in whose absence the lawsuit "in equity and good conscience" should be dismissed.
A defendent is permitted to bring into the lawsuit an additional party (not party to the orig. action) who is or may be liable to the D for all or part of the orig. P claim against the D.

Impleader permits d to join a derivative or contingent claim for indemnity.
A nonparty, upon timely application, may voluntarily become a party to a lawsuit between other parties in order to protect his interest.
Intervention as of Right
A nonparty must be allowed to intervene when on claims:
1) interest to property or transaction
2) Impair ability to protect party'sinterest if not included.
3) Existing parties cannot protect party's interest.

Supp. Jurisdiction for claims asserted by one who intervenes as a matter of right. Exception; to do so would be inconsistent with diversity requirements.
Permissive Intervention
1) Independent source of SMJ
2) Common issue of law or fact
3) Statute confers a conditional right.
A joinder devise by which a person holding property who maybe subject to inconsistent claims can join all claimants in one interpleader action and require them to litigate among themselves to determine property rights.
Federal Interpleader
Rule FRCP 22
1)Allows stakeholder to assert claim of right
2) All SMJ(Diversity req.), PJ and venue requirements apply.
Statutory Interpleader
1) One claimant must be adverse to another.
2) $500 or more
3) Venue - Any district where claimant resides.