Multiple Choice Question from 2010 Civ Pro Exam
Essay Question from the 2010 CivPro Exam

Multiple Choice Question from 2010 Civ Pro Exam

Question 7)     P, D, and X, each driving their own cars, collided into each other. P sues D in federal court under state law negligence for the personal injury that D caused P in connection with the accident. Which of the following is most accurate? (Do not consider whether there is subject matter jurisdiction, personal jurisdiction, or venue for any action.)

a.         D may, but does not have to, join a state law negligence action against X for the damages that X caused D from the accident.

b.         D may, but does not have to, join a state law negligence action against P for the damages that P caused D from the accident.

c.         P may, but does not have to, join a negligence action against Z for the damages that Z caused P concerning an accident that P and Z got into the day after the accident between P, D, and X.

d.         If D believes that X will be liable to D under contribution for all or part of D’s liability to P, D must join this contribution action against X.

e.         Assume D brings the contribution action in d. above against X. P may, but does not have to, join a state law negligence action against X for the damages that X caused P from the accident.

ANSWER

a.         D may, but does not have to, join a state law negligence action against X for the damages that X caused D from the accident.

Wrong. Although it might make sense to allow such joiner, it is not allowed under the Federal Rules. FRCP 14(a) would allow the joinder of X only if X "is or may be liable to [D] for all or part of [P's] claim against [D]." 30 students chose this.

b.         D may, but does not have to, join a state law negligence action against P for the damages that P caused D from the accident.

Wrong. Joinder is compulsory under FRCP 13(a). 1 chose this.

c.         P may, but does not have to, join a negligence action against Z for the damages that Z caused P concerning an accident that P and Z got into the day after the accident between P, D, and X.

Wrong. Joinder is prohibited under FRCP 20. 3 chose this.

d.         If D believes that X will be liable to D under contribution for all or part of D’s liability to P, D must join this contribution action against X.

Wrong. Joinder is permissive under FRCP 14(a). 8 chose this.

e.         Assume D brings the contribution action in d. above against X. P may, but does not have to, join a state law negligence action against X for the damages that X caused P from the accident.

Correct, under FRCP 14(a)(3). 38 chose this. The point biserial was .49.

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