Bar Final Prep

Question 1

Class Action Requirements

Answer 1

1. Numerosity (too many class members for joinder)
2. Commonality (some common issue)
3. Typicality (claims reps claims are typical)
4. Representative is adequate (class rep will fairly and accurately represent the class)

Question 2

Hearsay exceptions (unavailable required)

Answer 2

• statement against interest
• former testimony
• dying declarations (all civil but only criminal homicide cases)

Question 3

Vested rights approach (stock language)

Answer 3

Under this approach the court will apply the law of the state mandated by the applicable vesting rule. That rule is selected according to the relevant area of substantive law.

Question 4

Interest analysis approach (stock paragraph)

Answer 4

Under this approach the courts will consider the state that has a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum state has no legitimate interest it will apply the law of another interested state.

Question 5

Most significant relationship

Answer 5

Under this approach the court will apply the law of the state which is most significantly related to the outcome of the case. To determine this the court will consider connecting facts and policy principals.

Question 6

Rule 403 balancing test

Answer 6

Court may exclude relevant evidence if its probative value is substantially outweigh by the danger of undue prejudice.