Adding Parties and Claims Self-Quiz

 

 

 

 

 

 

 

The Federal Rules of Civil Procedure’s joinder rules for parties provide:
Choice 1 Necessary or compulsory joinder only.
Choice 2 Permissive joinder only.
Choice 3 Necessary or compulsory joinder and permissive joinder.
Choice 4 Either necessary or compulsory joinder or permissive joinder depending on the timing of joinder during the lawsuit.
In order to bring compulsory joinder, which of the following must be present in the facts?
Choice 1 The party to be joined has a vested interest in the subject matter of the lawsuit.
Choice 2 The party to be joined could not be brought into the lawsuit earlier because of jurisdictional defects.
Choice 3 Complete relief can be awarded without the presence of the party to be joined.
Choice 4 The party’s interests are represented by one of the parties to the action.
Stephanie was playing softball on a sunny Sunday afternoon when she was struck on the back of the head with a bat. After she regained consciousness, she learned that Donny had been the person who struck her. However, Donny argues that he would not have struck Stephanie had Tom not tripped him, causing him to swing the bat carelessly and strike her. Stephanie brings a lawsuit against Donny. Donny, arguing that he was not totally responsible for her injuries, consults her attorney for the best way to bring Tom into the lawsuit?
Choice 1 By joining Tom into the lawsuit under permissive joinder rules.
Choice 2 By instructing Tom to intervene in the action.
Choice 3 By joining Tom into the lawsuit under mandatory joinder rules.
Choice 4 By impleading Tom into the lawsuit.
Caroline dies, leaving an insurance policy. The proceeds of the policy are supposed to go to Thomas, her husband, but he predeceased her. Caroline had no children, but had two sisters, Myra and Teresa. They each claimed individually that the proceeds should belong to them and would not be shared. How should the insurance company proceed?
Choice 1 Caroline’s sisters should be impleaded into the lawsuit and settle their dispute before the insurance company pays out the proceeds of the insurance policy.
Choice 2 Caroline’s sisters should be interpleaded into the lawsuit and settle their dispute before the insurance company pays out the proceeds of the insurance policy.
Choice 3 Caroline’s sisters should be joined into the lawsuit and settle their dispute before the insurance company pays out the proceeds of the insurance policy.
Choice 4 The insurance company is out of luck and should take its chances by selecting one of Caroline’s sisters to award the proceeds.
Sara owns an heirloom locket that was stolen during a robbery. The locket was stolen by Robert, who later sold the locket at a pawnshop. The pawnshop then sold the locket to Mark, who gave it to his girlfriend Tanya for her birthday. In exchange for the locket, Mark gave the pawn shop what he told them was a diamond. However, when the pawnshop owner checked, the diamond was actually cubic zirconium. The pawnshop owner brought a lawsuit against Mark for the return of the locket or monetary relief. Sara finds out about the locket and consults an attorney to find out what she can do to retrieve the locket. Sara should:
Choice 1 Intervene in the action since she has an ownership interest in the locket and neither party would represent this interest.
Choice 2 Seek to dismiss the lawsuit.
Choice 3 Approach Mark and alert him to her superior interest in the locket.
Choice 4 Move ex parte and demand from a judge to give her possession of the locket.

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