Joinder of parties and claims - Next Generation Bar Exam

1. Under Rule 20, when may plaintiffs join together, or defendants be joined, in one action?

   When the claims arise from the same transaction or occurrence and share a common question of law or fact. Both requirements must be met for permissive party joinder.

2. What must a nonparty show to intervene as of right under Rule 24(a)(2)?

   A timely motion, an interest in the subject of the action that may be impaired, and inadequate representation by existing parties. Permissive intervention requires only a common question of law or fact, in the court's discretion.

3. Under Rule 14, whom may a defending party bring into the action as a third-party defendant?

   A nonparty who is or may be liable to it for all or part of the claim against it. Impleader is used for indemnity, contribution, and subrogation claims, not to shift sole liability to another.

4. Under Rule 14, when may a defending party implead a third party without leave of court?

   Within 14 days after serving its original answer. After that period, impleader requires leave on motion.

5. Under Rule 18, which claims may a party join against an opposing party?

   As many claims as it has, whether or not related. Each claim still requires its own basis for subject-matter jurisdiction.

6. Under Rule 19(a), when is an absent person a required party?

   When complete relief is impossible without it, or its absence risks impairing its interest or inconsistent obligations. A required party must be joined if feasible.

7. What jurisdictional requirement applies to a permissive counterclaim?

   It ordinarily needs an independent basis of subject-matter jurisdiction. Because it does not share a common nucleus of fact, supplemental jurisdiction usually does not reach it.

8. What are the jurisdictional requirements for statutory interpleader under 28 U.S.C. section 1335?

   Minimal diversity among the adverse claimants and at least $500 in controversy. Rule interpleader instead requires ordinary diversity or federal question jurisdiction.

9. What makes a counterclaim compulsory under Rule 13(a)?

   It arises out of the same transaction or occurrence as the opposing party's claim. A compulsory counterclaim that is not asserted is barred in later litigation.

10. Under Rule 13(g), when may a party assert a crossclaim against a coparty?

    When it arises out of the same transaction or occurrence as the original action or a counterclaim. Crossclaims are permissive, not compulsory.

11. What are the four prerequisites for any class action under Rule 23(a)?

    Numerosity, commonality, typicality, and adequacy of representation. The action must also fit one of the categories in Rule 23(b).

12. After a car accident, the plaintiff sues the defendant, who does not assert her own injury claim from the same collision. The defendant later sues separately. What bars her suit?

    Her failure to assert a compulsory counterclaim. Her claim arose from the same occurrence as the plaintiff's claim, so it had to be raised in the first action.

13. What additional findings are required to certify a Rule 23(b)(3) damages class?

    That common questions predominate and a class action is superior to other methods. Members of a (b)(3) class must receive the best practicable notice and an opportunity to opt out.

14. Under Rule 19(b), what must a court decide when a required party cannot be joined?

    Whether, in equity and good conscience, the action should proceed among the existing parties or be dismissed. Factors include prejudice, ways to lessen prejudice, adequacy of a judgment, and whether the plaintiff has another forum.

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