Parties Flashcards
Minors and incompetents must sue and be sued:
only through a guardian or a fiduciary
If the minor or incompetent has no guardian:
May sue through a next of kin, OR a guardian ad litem
Does FL have a liberal party-joinder policy?
YES. A party may be added if the presence of the party is necessary or proper to evaluate or determine the COA
When parties or actions are misjoined, is the case dismissed?
NOPE - either the claims are severed, or one of the wrongly-joined parties is droped
Compulsory joinder for:
Indispensable parties. HAVE to join them
An indispensable party is:
A person who has an interest in the outcome of the litigation, and unless joined in the litigation, will have his/her interests compromised
If an indispensable party is NOT joined:
the suit may be dismissed
What to look for to determine if you have a class?
Numerosity
Commonality
Typicality
Adequacy
Numerosity
need lots of people for a class
Commonality
lots of people needs to be similarly situated
Typicality
claims of the leader of the class need to be typical of the claims of the entire class
Adequacy
the leader of the class needs to be a smart, and upstanding person who is not going to tank the class (bc they act on behalf of the entire class)
Once a class has been certified:
the case may NOT be dismissed, withdrawn, or compromised without court approval
Can you sue a gang?
NO. They’re unincorporated, therefore cannot be sued. They also don’t fall within the exception to unincorporated associations that CAN be sued.
Unincorporated associations that CAN be sued
- labor unions
- fraternal benefit societies that issue insurance benefits
- condo and mobile home associations
Typically, you can’t sue an unincorporated association (or be sued as an unincorporated association)
