Lesson 7: Parties

Question 1

Four Prerequisites to a Class Action [(Rule 23(a)]

Answer 1

1) Numerosity (The class must be so numerous that joinder of all members individually is impractical.
2) Commonality (The action must involve questions of law or fact that are common to the class).
3) Typicality (The claims of the class representative must be typical of those of the class generally.
4) Adequacy (The class representative must be able to adequately protect the interests of all members of the class).

Question 2

Three Types of Class Actions [Rule 23(b)]

Answer 2

1) Prejudice Class Action (Where the prosecution of separate actions would create either of the following risks:
- -The conduct required of the defendant through individual suits would likely be inconsistent.
- -Separate actions would interfere with the interests of other absent persons having similar claims.

2) Injunctive Class Action (Where the defendant has acted or refused to act on grounds generally applicable to the class as a whole, and the predominate relief sought by the class is injunctive or declaratory relief.
3) Damage Class Action (Where class members seeking damages have been damaged by the defendant in such a way that there are questions of law or fact common to their claims, and a class action is superior to other means of adjudication.