Other Stuff

Question 1

A deceased person may/may not be a party to an action.

Answer 1

May not

Question 2

Can you sue a dead person?

Answer 2

No. Sue the personal rep of the estate

Question 3

No action for wrongful death in which a minor or incap. has an interest shall be compromised, _____ , or discontinued without court approval.

Answer 3

Settled.

Question 4

If a party dies during the pendency of an action, what happens?

Answer 4

Personal rep is substituted once the estate is opened.

Question 5

When there has been a wrongful use of civil proceedings, who can be held liable?

Answer 5

Parties AND atty

Question 6

Elements for a claim of wrongful use of civil proceedings? Any atty or party who initiates or continues civil proceedings that are terminated in favor of the D may be subject to liability IF . . . (2)

Answer 6

The atty or party acted in a grossly negligent manner AND

For an improper purpose.

Question 7

Atty’s should have what to bring any action?

Answer 7

PC

Question 8

Lawyers won’t be liable for Wrongful Use of Civil Proceedings if they have probable cause WHEN they reasonably believe . . . (2)

Answer 8

In the fact on which the claim is based (good facts) AND

In the legal theory under which it is brought (good law).

Question 9

Pre-req for Wrongful use of Civ. Proceedings?

Answer 9

Terminated in favor of D