Class Action -- FRCP 23 Flashcards

Questions and Answers

What is Rule 23: Class Actions?

A class action must be certified as a class action

Both A and C (correct)

Class actions cannot proceed if denied certification

A class action requires a unanimous decision

What are the components needed for Rule 23(a) certification?

Numerosity, commonality, adequacy, typicality

Which of the following types of class actions are defined in Rule 23(b)?

Mass rule 19

Injunctive relief

Predominate/superior for money damages

All of the above (correct)

Rule 23(b) requires showing that individual questions are more important than common questions.

False Signup and view all the answers

What must be shown to classify a class action as the superior method for adjudication?

Common question of law or fact predominates over individual questions Signup and view all the answers

What is required for class members in a class action?

Required notice Signup and view all the answers

Study Notes

Class Action Overview

Class actions allow a group of individuals, or a class, to sue collectively, requiring certification under FRCP Rule 23.
The named plaintiff (P) initiates the process by filing a complaint with a proposed class definition.
The district court assesses the certification motion, determining if the case can proceed as a class action.
If certification is denied, the action cannot move forward as a class action.

Rule 23(a): Certification Requirements

Four key requirements must be met for class certification:
- Numerosity: Sufficient number of members in the class for a representative action.
- Commonality: Questions of law or fact must be common to the class.
- Adequacy: The representative parties must adequately protect the interests of the class.
- Typicality: Claims or defenses of the representative parties must be typical of those belonging to the class.

Rule 23(b): Types of Class Actions

A class action can be maintained if Rule 23(a) conditions are satisfied and it falls into one of the categories under Rule 23(b):
- Mass rule 19: Addresses cases requiring collective adjudication to avoid inconsistent verdicts.
- Injunctive relief: Class actions for equitable relief, often seen in civil rights cases.
- Predominance/superiority: Focuses on cases primarily seeking money damages where class treatment is superior to individual suits.

Rule 23(b) Additional Requirements

It's essential to demonstrate that common legal or factual issues predominate over individual questions within the class.
The class action route must be a superior method for resolving the controversy compared to individual lawsuits.
Class actions may include provisions for seeking damages and typically involve small claims and mass torts.
There are mandatory notifications to class members regarding the action and an opportunity provided for them to opt out of the class.

Description

Prepare for understanding Federal Rule of Civil Procedure 23 with these flashcards. This quiz provides clear definitions and explanations on class actions, including the certification process and implications. Perfect for legal studies or law school preparation.