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Civil Procedure Final
CP Final exam

Additional Law Flashcards






FRCP 20 (a)(1)- joinder of parties authorizes plaintiffs to sue together if they assert claims that arise out of same transaction or occurence. It must involve litigation of at least one common questions of law or fact.

FRCP 20 (a)(2)- allows plaintiff to sue multiple defendants if criteria is met

Policy-  1.)joinder is more efficent 2.) avoids inconsistent outcomes in the judical system


FRCP 13- Counterclaims allow defendant  to assert claims back against P. Two types of counterclaims.

Compulsary FRCP 13(a) involves only the parties currently part of the suit and is from same transaction. If the claimm is not raised at trial it may never be brought again.

Permissive(13(b))-allows def oppurtunity to raise any other claims they may have against Plaintiff. Claim does not have to arise from same set of events.

Crossclaim (13(g)- Brought by one party against another party on the same P or D.

Crossclaims are litigated by parties on the same side (Def v. Co-Def). Counterclaims are litigated between opposing parties


 Res Judicata-Only applies if 4 pre-reqs are met. 1.)The claim in the second action must be the same as the 1st, 2.) Must be same parties. 3.)The 1st judgement must be final. 4.) Judgement must have been rendered on the merits of the case.


Personal Jurisdiction

Whether the court has power to act upon the person or property through:

A. Minimum contacts with the forum state. B:


Federal district courts-are courts of original jurisdiction.

1) there must be sufficient contacts between the defendant and the forum state to exercise personal jurisdiction over the defendant.




(2) the court must possess



(2) the court must possess

subject matter jurisdiction over the controversy





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