Adding Parties and Claims Self-Quiz
The Federal
Rules of Civil Procedure’s joinder rules for parties provide:
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In order to
bring compulsory joinder, which of the following must be present in the
facts?
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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?
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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?
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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:
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