In what name is a partnership commenced in litigation?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A partnership is commenced in litigation in the name of the firm. This means that when a partnership is involved in a legal action, it is the partnership as an entity that is recognized in court, rather than the individual partners. This approach provides a clear and unified identity for the partnership in legal matters, allowing the firm to act as a single entity.

By using the name of the firm in legal proceedings, it simplifies the litigation process and clarifies accountability and responsibility within the partnership structure. This method helps to protect the personal assets of the individual partners from being directly linked to the partnership's legal obligations, promoting a clearer distinction between personal and business liabilities.

In cases where a partnership is engaged in a lawsuit, the legal documentation would typically reflect the firm's registered name, ensuring that all parties involved understand that the case is being brought forward on behalf of the partnership as a whole.

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