Parties

Question 1

most states permit dead person’s successor in interest (executor, administrator)

Answer 1

to sue on their behalf

Question 2

dead persons estate

Answer 2

can be reached by creditors

Question 3

punitive damages

Answer 3

may not be awarded against decedent;s estate

Question 4

third party beneficiaries

Answer 4

have standing to sue if they were the intended beneficiary

Question 5

action by or against the state are brought

Answer 5

in the name of the commonwealth

Question 6

cities and counties are

Answer 6

sued in their own name

Question 7

claimant can sue one

Answer 7

party even if there are multiple at fault

Question 8

joinder of parties

Answer 8

adding or dropping parties from case

Question 9

parties may be added by

Answer 9

leave of court by motion of plaintiff within 21 days of filing the complaint

Question 10

nonjoinder

Answer 10

deficiency of parties

Question 11

misjoinder

Answer 11

surplus of parties

Question 12

how to raise a motion for nonjoinder or misjoinder?

Answer 12

motion for nonjoinder or misjoinder, not a demurrer

Question 13

In VA, joint tortfeasors are

Answer 13

jointly and severally liable

Question 14

VA joint tortfeasor statute

Answer 14

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

Question 15

persons under disability

Answer 15

felony (incarcerated), infant (under 18), incapacitated person

Question 16

plaintiffs under 18 must sue by

Answer 16

next friend in minor’s name

Question 17

failure of an infant to sue under next friend results in…

Answer 17

in favor of infact, its good judgement; if bad, it is void and can be brought again against defendant

Question 18

person with a disability must sue with

Answer 18

gal

Question 19

all causes of action survive….

Answer 19

the death of either the party in favor the cause of action exists or the party against whom cause of action exists

Question 20

what causes of actions are assignable

Answer 20

personal property and breach of k; not pi and personal service