Parties

Question 1

What must a person have to be a plaintiff?

Answer 1

A justiciable case.

Question 2

What must a person have to be a defendant?

Answer 2

An interest in or liability stemming from the subject matter of the action.

Question 3

In what name can a corporation sue and be sued?

Answer 3

In its corporate name.

Question 4

In what name can a limited liability company sue and be sued?

Answer 4

In its legal name.

Question 5

In what name can a general partnership sue and be sued?

Answer 5

In its partnership name.

Question 6

How can a general partnership’s action be satisfied?

Answer 6

Only from the partnership assets.

Question 7

What must occur for a court to reach a partner’s assets in a general partnership?

Answer 7

The partner must be named as a party to the action.

Question 8

In what name can a limited partnership sue and be sued?

Answer 8

In its legal name.

Question 9

How can an unincorporated association sue and be sued?

Answer 9

Under the name by which the association is commonly known.

Question 10

What is a minor defined as?

Answer 10

An individual who is under 18 years of age.

Question 11

How does a minor sue as a plaintiff?

Answer 11

By the minor’s next friend.

Question 12

What happens if a minor fails to sue by next friend?

Answer 12

The action must be dismissed without prejudice.

Question 13

Can a minor be sued in their own name?

Answer 13

Yes, unless represented by a Virginia attorney.

Question 14

What must the court appoint if a minor is sued and not represented by an attorney?

Answer 14

A guardian ad litem (GAL).

Question 15

What defines an incapacitated person?

Answer 15

An individual lacking the capacity to manage physical needs or financial affairs.

Question 16

Who can bring a lawsuit on behalf of an incapacitated person?

Answer 16

The person’s next friend if no fiduciary has been appointed.

Question 17

When must a committee be appointed for an incarcerated felon?

Answer 17

When the felon is convicted and sentenced to confinement.

Question 18

Can an incarcerated felon be sued in their own name?

Answer 18

Yes, for certain actions like divorce or child support.

Question 19

Who may bring a wrongful death action for a fetus?

Answer 19

The natural mother of the fetus.

Question 20

What can a fetus injured in utero pursue?

Answer 20

A personal injury claim through a next friend.

Question 21

What happens if a cause of action arises before the death of an individual?

Answer 21

The action survives even if not commenced before death.

Question 22

What must happen if a party to an action dies?

Answer 22

A successor in interest should be substituted.

Question 23

What is a fiduciary’s capacity in legal actions?

Answer 23

A fiduciary may sue and be sued in their representative capacity.

Question 24

Who can sue in their own name to enforce a contract?

Answer 24

A third-party beneficiary.

Question 25

What does joint tortfeasor liability entail?

Answer 25

Each joint tortfeasor is jointly and severally liable.

Question 26

What may an injured party do regarding joint tortfeasors?

Answer 26

Pursue a tort action against one without affecting others.

Question 27

Can the Commonwealth of Virginia sue in its own name?

Answer 27

Yes, if sovereign immunity has been waived.

Question 28

Can a Virginia county, city, or town sue in its own name?

Answer 28

Yes, when permitted by law.

Question 29

What is a misnomer in legal terms?

Answer 29

When a proper party is incorrectly named in a complaint.

Question 30

How can a misnomer be corrected?

Answer 30

On the motion of any party accompanied by an affidavit of the correct name.

Question 31

What is required for substitution of parties if a party dies?

Answer 31

The court may order substitution with a successor in interest.

Question 32

What happens if the original plaintiff lacked standing?

Answer 32

A new action must be initiated by the proper plaintiff.

Question 33

What is a misnomer in legal terms?

Answer 33

A misnomer occurs when a proper party to an action is incorrectly named in a complaint or other pleading. ## Footnote This definition is essential for understanding legal documents and the implications of naming parties inaccurately.

Question 34

How can a misnomer be corrected in a legal action?

Answer 34

A misnomer may be corrected on the motion of any party accompanied by an affidavit of the correct name. ## Footnote This ensures that legal documents reflect the accurate parties involved.

Question 35

Is naming another legal entity instead of the correct party considered a misnomer?

Answer 35

No, naming another legal entity (e.g., a decedent’s estate instead of the estate’s personal representative) is not a misnomer. ## Footnote This distinction is important for understanding how legal entities are recognized in court.

Question 36

What case illustrates the misnomer rule regarding fiduciaries?

Answer 36

Swann v. Marks, 476 S.E.2d 170 (Va. 1996). ## Footnote This case provides precedent for understanding how misnomers involving fiduciaries can be treated in legal proceedings.

Question 37

When can a mistake in naming a fiduciary be corrected?

Answer 37

The mistake may be corrected if the pleading otherwise identifies the correct parties. ## Footnote This provision allows for flexibility in legal documentation when identifying fiduciaries.