Parties - Part B Flashcards
How does a defendant infant get sued?
must have a guardian ad litem appointed, unless represented by an attorney
What happens if the defendant infant doesn’t have a GAL appointed or an attorney?
if the outcome is in favor of the infant, then it is a good judgment
if it is bad, then it is void judgment
Do the above rules apply to all defendants under disability?
no, just those under disability of infancy
Standing of a fetus whose death was wrongfully caused by someone that is not the mother
a wrongful death arises in the mother’s name
standing of a fetus who is injured and is born alive and lives for any period of time
child is entitled to sue by next friend for personal injuries
standing of a fetus who is injured and is born alive for any period of time, then dies from the injury received in utero
a wrongful death action arises and may be brought by the personal representative
standing of a fetus who is injured prior to birth and dies prior to birth from causes unrelated to the injury received while in utero
the injury to the fetus is an injury to the mother who may bring a personal injury action
Survivability of causes of action
all causes of action survive the death of either: the party in whose favor the cause of action exists or the party against whom the cause of action exists
in order to survive, the cause of action must exist prior to death
what causes of actions are assignable (2)
only causes of action for damage to real or personal property and breach of contract
what causes of actions are not assignable
personal injury claims and personal service contracts
what does it mean when you say a cause of action is assignable?
the actual lawsuit is assignable
even in causes of action that are not assignable, the proceeds or anticipated proceeds are in fact assignable
