Legal Question in Civil Litigation in California

Legal terminology

I'm trying to find the term or phrase, probably Latin, that means ''buying a lawsuit'' -- paying someone to file a suit that would benefit you or paying someone else's legal expenses for a suit that benefits you.

Thank you for your help!


Asked on 4/24/02, 8:27 pm

2 Answers from Attorneys

Re: Legal terminology

Someone can only file a lawsuit if they have "standing"; i.e. they were injured or there is a possibility that they are about to be injured. The person who has the right to bring the suit, whether or not named as plaintiff, is the "real party in interest".

However, anyone can pay someone else's litigation costs.

Who is bringing the suit on your behalf?

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Answered on 4/24/02, 10:49 pm
Victor Hobbs Victor E. Hobbs

Re: Legal terminology

A cause of action may be 'assigned' to another individual. This is done freqeuntly in collection cases. When there are numerous documents such as 'an account stated,' and very little call for witnesses. This is an effective way to bring a lawsuit. And is the only way a corporation that isn't registered to do business in California may sue on a collection case. It is not done in personal injury cases although I don't know of any legal reason why it isn't. The injured party would be required to testify and assist in the lawsuit. Borrowing against a cause of action to fund a lawsuit is done to fund large and costly lawsuits. At least I read that in the bar journal. I'm sure there's a latin term for these practices. However, to figure out what you're attempting to do I'd need more facts.

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Answered on 4/25/02, 9:35 am


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