Parties

Question 1

Joinder

Answer 1

If a person who must bejoined as a party, cannot be made a party, the court must determine whether the action should proceed among the parties before it or should be dismissed.

The factors to be considered by the court include:

1. Extent of prejudice by judgment rendered
2. Whether prejudice can be lessened or avoided
3. By protective provisions in the judgment, by shaping the relief, or by other measures.
4. Adequacy of judgment rendered in person’s absence
5. Adequacy of remedy for plaintiff if dismissed for non-joinder

Question 2

Proper Parties

Answer 2

The followinger persons lack the procedural capacity to sue or be sued.

Thus, the prper person to represent them as a party plaintiff or defendant is as follows:

Unemanciapted minors = Persons who have parental authority

Mental incompetents = Curator appointed by ct

Interdicts = Curator must bring

Question 3

Substitution of Parties