Quiz Question 1 (1 point) Saved What does FRCP 18 require for joinder of claims? Question 1 options: a) A plaintiff may bring as many
Quiz
Question 1 (1 point)
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What does FRCP 18 require for joinder of claims?
Question 1 options:
a)
A plaintiff may bring as many claims as it has regardless of whether they are related to each other or not.
b)
A plaintiff may only bring related claims.
c)
A plaintiff may only join claims against the original defendant.
d)
A plaintiff may not join claims.
Question 2 (1 point)
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When a plaintiff joins a claim against a defendant under FRCP 18:
Question 2 options:
a)
The federal court has the power to decide the claim.
b)
The federal court needs to also have subject matter jurisdiction to be able to decide the claim.
c)
The federal court does not need to have subject matter jurisdiction to decide the claim.
d)
The federal court may not decide the claim if it is unrelated to the original claims.
Question 3 (1 point)
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Dan made some home repairs to Paul's motorhome and then Paul had an accident that he claims were the result of the repairs being done incorrectly. Paul has $90,000 in damages. Paul paid Dan $6,000 for the repairs pursuant to a service contract, which Paul claims Dan breached. Can Paul bring a negligence claim for the $90,000, and a breach of contract claim $6,000 in the same lawsuit in federal court? (Assume they are diverse.)
Question 3 options:
a)
No, because the claims are unrelated.
b)
No, because the contract claim does not meet the amount in controversy requirements.
c)
Yes, FRCP 18 gives Paul permission to do so and supplemental jurisdiction provides the court with the power to decide the claim.
d)
Yes because Paul and Dan are diverse.
Question 4 (1 point)
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What is the difference between a counterclaim and a cross-claim?
Question 4 options:
a)
A counterclaim is brought by a plaintiff against a defendant.
b)
A counterclaim is brought by opposing parties; a cross-claim is brought by co-parties.
c)
A counterclaim always impleads a new party into the case.
d)
A counterclaim is brought be co-parties; a cross-claim is brought by opposing parties.
Question 5 (1 point)
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What is the difference between a cross-claim and a third-party claim?
Question 5 options:
a)
A cross-claim is brought by opposing parties.
b)
A cross-claim impleads a new party into the lawsuit; a third-party claim is brought against a co-party.
c)
A third-party claim is brought only by the original plaintiff.
d)
A cross-claim is brought against a co-party; a third-party claim impleads a new party into the lawsuit.
Question 6 (1 point)
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Paul sues Dan and Dave for negligence in a car accident. Dan was also harmed in the accident and wants to bring a claim against Paul.
Question 6 options:
a)
Dan's claim is a permissive counterclaim under FRCP 13.
b)
Dan's claim is a compulsory counterclaim under FRCP 13.
c)
Dan's claim is a cross-claim under FRCP 13.
d)
Dan's claim is a third-party claim under FRCP 14.
Question 7 (1 point)
Saved
Paul sues Dan and Dave for negligence in a car accident. Dave was also harmed in the accident and wants to bring a claim against Dan.
Question 7 options:
a)
Dave's claim is a permissive counterclaim under FRCP 13.
b)
Dave's claim is a compulsory counterclaim under FRCP 13.
c)
Dave's claim is a cross-claim under FRCP 13.
d)
Dave's claim is a third-party claim under FRCP 14.
Question 8 (1 point)
Saved
Paul sues Dan and Dave for negligence in a car accident. Dave was also harmed in the accident and brings a claim against Dan. Dave's damages are $36,000. Dan moves to dismiss the claim for a lack of subject matter jurisdiction. The court should:
Question 8 options:
a)
Grant the motion because $36,000 does not meet the amount in controversy requirement.
b)
Grant the motion because Dan and Dave are not diverse.
c)
Deny the motion because supplemental jurisdiction requirements are met.
d)
Deny the motion because FRCP 13 authorizes the claim.
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