MBE Practice Questions - Multistate Bar Examination Exam

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A plaintiff sues two defendants in federal court for injuries from a single auto accident. One claim is based on negligence, the other on negligent entrustment of the vehicle. Both arise out of the same accident. Joinder of the two defendants in a single action is:

Improper because joinder of defendants in a single action requires identical legal theories. Proper under Rule 20 because the claims arise out of the same transaction or occurrence and share a common question of law or fact. Permitted only with the consent of both defendants. Improper unless the defendants are jointly and severally liable.

Correct Answer:

Proper under Rule 20 because the claims arise out of the same transaction or occurrence and share a common question of law or fact.

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