CL670 Module 9 Resource Quiz

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Santiago Canyon College *

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CL670

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Law

Date

Apr 3, 2024

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pdf

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6

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Module 9 Resource Quiz - CL670 Civil Procedure I 1/6 Question 1 1 / 1 point What does FRCP 18 require for joinder of claims? Hide question 1 feedback Question 2 1 / 1 point When a plaintiff joins a claim against a defendant under FRCP 18: Hide question 2 feedback 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. Answer “a” is correct. Answers b, c, and d all misstate the requirements of FRCP 18. The claims do not have to be related, so answer b is incorrect. Joinder of claims is not limited to the original parties, nor to the plaintiff. It can include bringing in new parties, and claims by defendants and co-parties. 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. Answer “b” is correct. FRCP 18 gives permission to bring the claim, but the court still needs jurisdiction to decide the claim. Answer a is incorrect because FRCP 18 does not give the court the power to decide the claim, that comes from subject matter
Module 9 Resource Quiz - CL670 Civil Procedure I 2/6 Question 3 1 / 1 point 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.) Hide question 3 feedback Question 4 1 / 1 point What is the difference between a counterclaim and a cross-claim? jurisdiction. Answer c is incorrect because the court must have subject matter jurisdiction to be able to decide the claim. Answer d is incorrect because FRCP 18 does not require the claim to be related, and if the requirements of federal question jurisdiction, or diversity of citizenship jurisdiction are met, then the claim does not have to be related to the original claim for jurisdiction. It is only supplemental jurisdiction that has the relatedness requirement. 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. Answer “c” is correct. Answer a is incorrect because the claims are related. Answer b is incorrect because the contract claim does not have to meet the amount in controversy here since the requirements of supplemental jurisdiction are met because the claim arises out of the same nucleus of operative facts. Answer d is incorrect for similar reasons. It does not matter if Paul and Dan are diverse for the contract claim, since supplemental jurisdiction applies to that claim, and diversity of citizenship jurisdiction does not since the amount in controversy is not met.
Module 9 Resource Quiz - CL670 Civil Procedure I 3/6 Hide question 4 feedback Question 5 1 / 1 point What is the difference between a cross-claim and a third-party claim? Hide question 5 feedback 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. Answer “b” is correct. Answers a, c, and d all have incorrect descriptions. A counterclaim is brought by a defendant against a plaintiff, so answer a is incorrect. While counterclaims may involve bringing in new parties, they do not always do so, so answer c is incorrect. Answer d has the explanations flipped. 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. Answer “d” is correct. Answer a is incorrect because a cross-claim is brought by co- parties, not opposing parties. Answer b is incorrect because cross-claims do not implead new parties; they are brought against existing parties. Third-party claims bring in new parties. Answer c is incorrect because third-party claims are not limited to the original plaintiff.
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