Parties - Part A

Question 1

Parties to a suit and a law claim

Answer 1

With some exceptions, in a law claim, all owners of a cause of action must join as parties plaintiff to the suit

Question 2

How can a dead person sue?

Answer 2

The dead person’s successor in interest or personal representative (executor, admin, etc) to sue on their behalf

Question 3

Dead persons and creditors

Answer 3

the dead persons estate can be reached by creditors

Question 4

Dead persons and punitive damages

Answer 4

they cannot be awarded against a dead persons estate, the dead person’s rep can seek them however

Question 5

Which kind of third party beneficiary has standing to sue on a contract?

Answer 5

intended

Question 6

Who do you name when the state is a plaintiff or defendant?

Answer 6

the suit is brought in the name of the “Commonwealth of Virginia”

Question 7

Who do you name when a municipal corporations and towns?

Answer 7

cities and counties are sued in their own name

Question 8

When multiple parties are liable, who must the claimant sue?

Answer 8

The claimant can sue one, some, or all of the parties liable on the contract claim, without prejudicing his claim against the ones not sued

Question 9

What happens in a pending suit when either the plaintiff or defendant becomes incapacitated or dies?

Answer 9

the suit can be maintained by the decedent’s successor in interest

Question 10

What is the time limit for parties being added to a suit?

Answer 10

parties may be added by leave of court on motion of the plaintiff within 21 days of filing the complaint

Question 11

what is nonjoinder?

Answer 11

deficiency of parties

Question 12

what is misjoinder?

Answer 12

surplus of parties

Question 13

What motion do you file for a nonjoinder or misjoinder?

Answer 13

Raised by a “motion for nonjoinder or misjoinder” to the court, NOT a demurrer

Question 14

how are joint tortfeasors held liable?

Answer 14

can be held jointly and severally liable for the entire amount of the liability

plaintiff can sue defendants either together, individually, or any combination

Question 15

VA’s Joint Tortfeasor Statute

Answer 15

a claimant may settle with one defendant without releasing others from liability

Question 16

right of contribution between released party and other parties

Answer 16

there is no right of contribution between the released party and the other parties, unless the released party also obtained a release of the other parties liable

Question 17

What is the definition of a person under a disability?

Answer 17

legally incapable of doing a certain act, or having a certain act done to you

Question 18

A person under disability includes: [5]

Answer 18

-a person convicted of a felony (but only for the period he is confined)
-an infant (anyone under 18)
-an incapacitated person or an incapacitated ex-service person
-any person determined to be incapable of taking proper care of his person or of his property, or
-any person determined to be unable to defend his legal rights due to age or impairment

most legal disabilities are temporary

Question 19

How does a plaintiff infant sue?

Answer 19

must sue by their “next friend” in the minor’s name (“minor’s name, by next friend, Parent/Guardian’s name”)

Question 20

Failure of a plaintiff infant to sue by next friend

Answer 20

if the outcome is in favor of the infant, then it is a good judgment
if the outcome is bad, the judgment is void and the suit can be brought again against the defendant