Civ Pro Misses

Question 1

Abstention Doctrine

Answer 1

Nothing prohibits federal court from hearing case pending in state court but Abstention doctrine.

Primary reason to abstain is when constitutionality of state statute is at issue. Court will defer until state court rules.

Question 2

Requirements for Class Certification

Answer 2

1. so numerous joinder impracticable
2. common question of law/fact
3. named party interest typical of class
4. fair and adequate representation of absent class members
5. of a type listed under 23(b)

Question 3

Rule 23(b) Class Action

Answer 3

1. separate actions would in inconsistent findings or could impair rights of plaintiffs
2. opposing party acts so injunctive relief is appropriate
3. common questions of law/fact predominate over those affecting individual members of class