BUL 3310 Litigation Part 1: Exam 1 Review Questions and Answers 2024/2025
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Course
BUL 3310
Institution
BUL 3310
Joinder Rule
→ All persons may join in one lawsuit as plaintiffs if the causes of action arises out of the
same transaction or series of transactions and involve common questions of law and
fact. In addition, additional parties may be added by the Plaintiff and Defendant who
are necessary ...
BUL 3310 Litigation Part 1: Exam 1
Review Questions and Answers
2024/2025
Joinder Rule
→ All persons may join in one lawsuit as plaintiffs if the causes of action arises out of the
same transaction or series of transactions and involve common questions of law and
fact. In addition, additional parties may be added by the Plaintiff and Defendant who
are necessary to a complete determination of the lawsuit.
Trial Stage
→ Plaintiff, Defendant, Third Party Defendant
Appeal Stage
→ Appellant, Appellee
Litigation: Standing to Sue
→ -Plaintiff must have been or will be directly and personally injured by the Defendant's
action
→ -There must be some threatened or actual injury resulting from the Defendant's action.
→ -Generalized Grievances
→ -Class Action Suits
Generalized Grievances
→ harm alone does not typically grant standing to sue! EXAMPLE: Taxpayer files suit
challenging the CIA budget. The taxpayer lacks standing to sue.
→ Person files suit on his or her own behalf and on behalf of all persons who may have a
similar claim.
Requirements for Class Action Suits
→ 1) Numerosity: There are too many people in the class to include each person
individually in the lawsuit.
→ 2) Typicality: The claims of the class representatives are typical of the claims of the
rest of the class members.
→ 3) Commonality: Members of the class have similar claims, usually stemming from the
same facts or circumstances.
→ 4) Adequacy: The proposed class representatives will protect the interests of the class
members as a group.
→ The ability of a court to resolve a controversy between parties.
What are the types of Subject Matter Jurisdiction in federal court?
→ 1. Federal Question
→ 2. Diversity
→ 3. U.S. government is a party.
Personal Jurisdiction
→ Plaintiff: Voluntarily submits to the jurisdiction of a Court when a lawsuit is filed.
→ Defendant: Must be served a summons (document issued by a court directing the
defendant to appear in court or otherwise respond to the Plaintiff's allegations).
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