Joinder & Parties
This Rule 20 test allows multiple plaintiffs or defendants to be joined if their claims arise from the same transaction and share a common question of law or fact
What is permissive joinder?
The broad scope of discovery under Rule 26(b)(1) covers any nonprivileged matter that is relevant to a party's claim or defense and this.
What is proportional to the needs of the case?
Under Rule 56, a court will grant summary judgment if there is no genuine dispute as to any of this type of fact.
What is a material fact?
This amendment preserves the right to a jury trial in civil actions "at common law."
What is the Seventh Amendment?
Also known as res judicata, this doctrine bars a second lawsuit on the same claim after a valid, final judgment on the merits.
What is claim preclusion?
This type of Rule 13 claim, which arises from the same transaction as the plaintiff's claim, must be asserted or it is waived.
What is a compulsory counterclaim?
A party can seek this under Rule 26(c) to shield itself from annoyance, embarrassment, or undue burden from a discovery request.
What is a protective order?
As defined in Slaven, a fact is material if it might do this under the governing substantive law.
What is affect the outcome of the suit?
To determine if a jury right exists for a statutory claim, courts use a historical test and examine whether the remedy sought is legal or this.
What is equitable?
Also known as collateral estoppel, this doctrine prevents the re-litigation of a specific issue that was actually litigated and decided in a prior case.
What is issue preclusion?
This Rule 14 procedure allows a defendant to bring in a new party who may be liable to the defendant for all or part of the plaintiff's claim.
What is impleader (or third-party practice)?
Established in Hickman v. Taylor, this doctrine protects documents and tangible things prepared in anticipation of litigation from discovery.
What is the work product doctrine?
A dispute is this if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.
What is genuine?
The "jury first" rule from Beacon Theatres requires that any factual issue common to both legal and equitable claims be tried to the jury first for this reason.
What is to ensure the jury's finding on a common factual issue is binding on the judge's later determination of the equitable claim?
Most federal courts define a "claim" for preclusion purposes by using this test, which looks at all rights to relief arising from a single event or series of events.
What is the "transactional test"?
Unlike a compulsory counterclaim, this claim against a co-party under Rule 13(g) is always permissive, even if it arises from the same transaction or occurrence.
What is a crossclaim?
A party can overcome the qualified immunity for "fact work product" by showing a substantial need and the inability to obtain the equivalent without this.
What is undue hardship?
A defendant can move for summary judgment not by producing new evidence, but by ___
What is by pointing to an absence of evidence in the record supporting the plaintiff's claim.
A party must make this Rule 50(a) motion before the case is submitted to the jury as a prerequisite for making a renewed motion after the verdict.
What is a motion for Judgment as a Matter of Law (JMOL)?
A key requirement for issue preclusion is that the determination of the issue was this to the first judgment.
What is essential?
According to Wal-Mart v. Dukes, this Rule 23(a) prerequisite requires a common contention capable of classwide resolution "in one stroke," not just a common question.
What is commonality?
The mental impressions, conclusions, opinions, or legal theories of an attorney are known as this and receive near-absolute protection.
What is "opinion" or "core" work product?
Once a Celotex-style motion is made, the burden shifts to the nonmoving party to come forward with this to create a genuine dispute.
What is specific evidence?
Federal Rule of Evidence 606(b) allows a juror to testify about this being improperly brought to the jury's attention, as happened in Wilson v. Vermont Castings.
What is extraneous prejudicial information?
Under Parklane Hosiery, a court might refuse to allow a new plaintiff to use this preclusion doctrine if the plaintiff could have easily joined the first lawsuit or its application would be otherwise unfair to the defendant.
What is offensive non-mutual issue preclusion?