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.