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Question 1
The Federal Rules of Civil Procedure's joinder rules for parties provide:
Correct
Incorrect!
Correct
Incorrect!
Correct The federal rules provide for many different types of joinder. Some of these are 'permissive' in that it is up to the parties whether to join the case, while some are 'necessary' because the case cannot go on without these parties.
Incorrect! The federal rules provide for many different types of joinder. Some of these are 'permissive' in that it is up to the parties whether to join the case, while some are 'necessary' because the case cannot go on without these parties.
Correct
Incorrect!
Question 2
In order to bring compulsory joinder, which of the following must be present in the facts?
Correct Under Rule 19, a party is a 'necessary' party and must be joined in the action if he or she has a vested interest in the action, and thus, would be materially affected by the outcome of the case.
Incorrect! Under Rule 19, a party is a 'necessary' party and must be joined in the action if he or she has a vested interest in the action, and thus, would be materially affected by the outcome of the case.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
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?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Donny is responsible for Stephanie's injury, however he is not totally at fault. Therefore, Donny should not be held fully responsible for the judgment awarded. Therefore, under Rule 14, Donny should implead Tom into the lawsuit so that he may share the burden of the judgment.
Incorrect! Donny is responsible for Stephanie's injury, however he is not totally at fault. Therefore, Donny should not be held fully responsible for the judgment awarded. Therefore, under Rule 14, Donny should implead Tom into the lawsuit so that he may share the burden of the judgment.
Question 4
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?
Correct
Incorrect!
Correct The joinder device appropriate in this situation is interpleader. This occurs, under Rule 22, when a party has money or property that two or more other people are claiming. Rather than give it to one of the parties and risk the other parties' lawsuit, the holding party can file an interpleader action to have the parties claiming an interest in the property fight it out in one civil action.
Incorrect! The joinder device appropriate in this situation is interpleader. This occurs, under Rule 22, when a party has money or property that two or more other people are claiming. Rather than give it to one of the parties and risk the other parties' lawsuit, the holding party can file an interpleader action to have the parties claiming an interest in the property fight it out in one civil action.
Correct
Incorrect!
Correct
Incorrect!
Question 5
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:
Correct Intervention is the process by which a party who has an interest in an action can join the action to have his or her interests defended and adjudicated as part of the existing case.
Incorrect! Intervention is the process by which a party who has an interest in an action can join the action to have his or her interests defended and adjudicated as part of the existing case.