Article 9

Question 1

T/F in class actions brought for injunctive or declaratory relief, notice must in all cases be given to the class

Answer 1

False

CPLR 904 (unless court finds that notice necessary)

Question 2

T/F Members of a class may sue or be sued as representative parties in behalf of all

Answer 2

True

CPLR 901

Question 3

Within 60 days after time to serve responsive pleading has expired, _______ shall move for an order that a class action be maintained.

Answer 3

Plaintiff

CPLR 902

Question 4

T/F The order permitting the class shall describe the class

Answer 4

True

CPLR 903

Question 5

The judgment in a class action shall include and describe who?

Answer 5

Members of the class

CPLR 905

Question 6

T/F a class action may be discontinued without the approval of the court

Answer 6

False

CPLR 908

Question 7

Within __ days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether a class action is to be so maintained

Answer 7

60

CPLR 902

Question 8

Which of the following 5 statements is not correct? Members of s class may sue or be sued as representative parties on behalf of all if:
A. Class is so numerous that joinder of all members is impracticable.
B. Questions affecting individual members predominate over questions of law or fact common to class
C. Claims or defenses of representative parties are typical of claims or defenses of the class
D. Representative parties will fairly and adequately protect interests of the class
E. Class action is superior to other methods for the efficient adjudication of the controversy

Answer 8

B. Questions affecting individual members predominate over questions of law or fact common to class

CPLR 901

Question 9

Within \_\_ days after the time to serve a responsive pleading ha expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether a class action is to be so maintained 
A. 30
B. 60
C. 90
D. 120

Answer 9

B. 60

CPLR 902

Question 10

Which of the following is not correct? Members of a class may sue or be sued as representative behalf of all if:
A. Class is so numerous that joinder of all members is impracticable 
B. Questions of law or fact common to class predominate over questions affecting individual members
C. Claims or defenses or representative parties are not typical of claims or defenses of the class
D. Representative parties will fairly and adequately protect interests of the class

Answer 10

C. Claims or defenses of representative parties are not typical of claims or defenses of the class

CPLR 901

Question 11

In determining method of notice, court shall consider
    1. The cost of giving notice
    2. Resources of the parties 
    3. Stake of represented members, and possibility that s significant number of the class would desire to exclude themselves from the class or to appear individually 
A. 1 & 2 
B. 1, 2 & 3
C. 2 & 3
D. Neither 1 nor 2 nor 3

Answer 11

B. 1, 2 & 3

CPLR 904

Question 12

Which of the following statements is false? In determining whether action is to proceed as a class action, court shall consider whether
A. Interest of members of class in controlling the prosecution or defense of separate actions
B. Impracticability or inefficiently of separate actions
C. Extent and nature of litigation concerning controversy which might be commenced
D. Desirability or undesirability of concentrating litigation in the particular forum

Answer 12

C. Extent and nature of litigation concerning controversy which might be commenced

CPLR 902

Question 13

T/F unless otherwise prescribed, an action to recover a penalty, or a minimum measure of recovery created or imposed by statute may not be maintained as a class action

Answer 13

True

CPLR 901