Parties

Question 1

How are minors and incompetent parties sued?

Answer 1

Only through a guardian or fiduciary. If they don’t have a guardian or fiduciary, the court may appoint one

Question 2

When can a party be joined?

Answer 2

FL has a pretty liberal rule for joinder of parties. A party can be added at any time if the presence of that party is necessary and proper for the complete resolution of the case

Question 3

What is misjoinder?

Answer 3

The joinder of actions or parties that is improper

Question 4

What happens when the parties or actions are misjoined but the case isn’t dismissed?

Answer 4

Either the claims will be severed or the wrongly joined party is dropped

Question 5

What is compulsory joinder?

Answer 5

The law compels that a particular party be joined if that party is indispensable

Question 6

What is an indispensable party?

Answer 6

A person with interest in the controversy whose interest will be affected by the resolution of the controversy or the resolution of the controversy can’t be made without that person’s presence

Question 7

What happens if an indispensable party is not joined?

Answer 7

The case may be dismissed

Question 8

What is the prerequisite to filing a class action?

Answer 8

Certification

Question 9

In a class action, what does certification depend on?

Answer 9

Numerosity, commonality, typicality, and adequacy

Question 10

In a class action, once the class has been certified, how can the case be dismissed?

Answer 10

Class action can’t be voluntarily withdrawn, dismissed, or compromised w/o court approval