Any Defendant Asserted Claim Is A Counterclaim
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
17179_potluck_lot_rear_end · CIVIL_PROCEDURE · Choice BA required-party motion, because Paul's fault must be adjudicated.
Why it's attractive
Rule 19 is a joinder motion, not a labeled pleading; Paul is already a party.
Why it's wrong
Rule 19 is a joinder motion, not a labeled pleading; Paul is already a party.
17179_potluck_lot_rear_end · CIVIL_PROCEDURE · Choice CA counterclaim, because it is a claim asserted by a defendant.
Why it's attractive
Counterclaim runs against an *opposing* party. Paul is a co-defendant, not opposing.
Why it's wrong
Counterclaim runs against an *opposing* party. Paul is a co-defendant, not opposing.
17179_potluck_lot_rear_end · CIVIL_PROCEDURE · Choice DAn impleader claim, because Paul may be liable for the plaintiff's damages.
Why it's attractive
Impleader brings in a non-party. Paul is already a party.
Why it's wrong
Impleader brings in a non-party. Paul is already a party.
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