Multiple Choice from the 2004 CivPro Exam
Multiple Choice from the 2006 CivPro Exam

Multiple Choice from the 2006 CivPro Exam

5.        P sues D in federal court for damages in a brawl in which P, D and X participated. Which of the following is most likely allowed under the joinder rules in the Federal Rules of Civil Procedure? (Do not consider personal jurisdiction, venue or subject matter jurisdiction in answering this question.)

a.     D joins an action against X for the damages D sustained from X in the brawl.

b.     D seeks to have X joined as a necessary party.

c.     D joins an action against Z for breach of an unrelated contract.

d.     P joins an action against Z for breach of an unrelated contract.

e.    P joins an action against D for breach of an unrelated contract.

ANSWER

a.     D joins an action against X for the damages D sustained from X in the brawl.

Wrong. D can join X (under Rule 14) only if X “is or may be liable to [D] for all or part of [P’s] claim against [D].” Here D is asking for his own damages from X. 

b.     D seeks to have X joined as a necessary party.

Wrong. There is no reason to believe that any of the criteria in Rule 19(a) apply to X simply because he also took part in the brawl. 

c.     D joins an action against Z for breach of an unrelated contract.

Wrong. Obviously not allowed under the joinder rules. 

d.     P joins an action against Z for breach of an unrelated contract.

Wrong. Obviously not allowed under the joinder rules. 

e.    P joins an action against D for breach of an unrelated contract.

Correct. Allowed under Rule 18(a). 

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