Parties (Part III)

Question 1

In order to have standing, a plaintiff

Answer 1

must have a justiciable interest in the matter in dispute.

Question 2

In order to be a party to an action, a defendant

Answer 2

must have some interest or liability in the subject matter.

Question 3

Business entities may sue and be sued

Answer 3

in the entity’s legal name (e.g., corporations).

Question 4

Suit by Person Under a Disability (Plaintiff)

Answer 4

infants sue by next friend; others sue by committee or next friend.

Question 5

Suit involving Person Under a Disability (Defendant)

Answer 5

party must be represented by a guardian ad litem or attorney.

Question 6

Suit on behalf of Unborn Persons

Answer 6

natural mother of fetus may bring a wrongful death action in her own name; if the fetus lives, a next friend can bring a personal injury claim; guardian ad litem represents future interests of unborn parties.

Question 7

Suit on behalf of deceased persons or terminated entitites

Answer 7

the action survives the decedent or terminated entity; a successor-in-interest may be substituted.

Question 8

Suit on behalf of a third-party beneficiary

Answer 8

a third-party beneficiary may sue in their own name in order to enforce a contract; third-party beneficiary can only seek damages from legal malpractice concerning decedent’s estate planning if the will granted the beneficiary standing.

Question 9

Parties jointly liable (In Tort)

Answer 9

Parties are jointly and severally liable; contribution is permitted when a wrong results from negligence and does not involve moral turpitude; statutory change to common law.

Question 10

Parties jointly liable (In Contract)

Answer 10

All parties entitled to performance must join as plaintiffs; Plaintiffs can sue one, some, or all parties liable on a contract claim, without prejudicing claims against those not sued.

Question 11

Suits involving the Commonwealth of Virginia

Answer 11

The Commonwealth may sue or, if immunity is waived, be sued in its own name.

Question 12

Suits involving a Virginia county, city, or town

Answer 12

A county, city, or town may sue or, when permitted by law, be sued in its own name.

Question 13

A successor in interest may be substituted upon

Answer 13

motion by a successor or another party to the suit.

Question 14

Misnomer of a party occurs if

Answer 14

a party to an action is incorrectly named in a pleading; this may be corrected on motion accompanied by an affidavit.