| Hint | Answer |
| An court may grab an absentee if her _____ may be affected | |
| Or if without her, ____ cannot be completely accorded among the parties | |
| If joinder of a necessary party is not feasible through lack of personal or subject matter jurisdiction, either allow the case to _____ | |
| Or | |
| Do not dismiss a case if the plaintive lacks an alternate, adequate _________ | |
| A defendant or counterclaimed plaintiff joins a new party | |
| The absentee brings herself into the case | |
| Initial Disclosure #1 | |
| Initial Disclosure #2 | |
| Discoverable information is information that you may use to _____ claims or defenses | |
| Disclosure of everything you're going to use in trial | |
| Questions asked and answers recorded under oath, can be used on a party or non-party | |
| Written questions answered under oath that can only be used on parties | |
| Written request for access to documents or tangible evidence that can be used on parties or non-parties | |
| Discovery tool that can only be used against parties, and only with a court order that finds the subject relevant | |
| Forcing the party to admit or deny discoverable matter | |
| Discovery against a non-party must be done with a | |
| Relevant for purposes of discovery - Anything that is reasonable calculated to lead to admissible _____ | |
| Non-discoverable information due to a relationship | |
| Material that is prepared in anticipation of trial | |
| This material cannot be discovered unless the seeking party shows | |
| AND lack of otherwise | |
| When assessing a motion to dismiss for failure to state a claim, a court will look only at the _____, not the ______ | |
| Declaration made under oath | |
| Claim preclusion | |
| Issue preclusion | |
| Claim Preclusion Test Part #1 | |
| Claim Preclusion Test Part #2 | |
| Claim Preclusion Test Part #3 | |
| All judgments are on the merits unless they are based on #1 | |
| All judgments are on the merits unless they are based on #2 | |
| All judgments are on the merits unless they are based on #3 | |
| Majority view on same claim - Arises from the same | |
| Minority view on same claim - Different claim for every ____ being invaded | |
| CE Requirement #1 Case 1 had a | |
| CE Requirement #2 Issue was | |
| CE Requirement #3 Issue was | |
| CE Requirement #4 Was the person against whom preclusion is being sought a | |
| CE Requirement #5 Who is invoking | |
| Non-mutual defensive collateral estoppel is okay as long as the party it is being sought agaisnt had a full chance to ______ in case 1 | |
| Non-mutual offensive collateral estoppel, majority view is that it is ___ okay, unless it is not unfair. | |
| NMOCE Fairness factor #1 - Party against whom it is sought had a full chance to _______ | |
| NMOCE Fairness factor #2 - Party agaisnt whom CE is sought could _____ later litigation | |
| NMOCE Fairness factor #3 - Party seeking to use CE could not have _____ | |
| NMOCE Fairness factor #4 - No _______ judgments on the record | |