The “who” of a lawsuit, who can sue and who can be sued, has long been a fundamental issue of process. Lengthy discussions of the issue are found in Roman law texts of eighteen centuries ago and in succeeding centuries in texts influenced by Roman law. In Roman law texts, the “who” of a lawsuit was discussed in the same context and, most importantly, with the same seeming concern as the fundamental issues of whether the court had authority over the parties and whether the court had competence over the subject matter. The same is true for many of the texts influenced by Roman law.