BUL 3310 Litigation Part 1: Exam 1 Review Questions + Answers Graded A+

Requirements for Class Action Suits - ️️1) Numerosity: There are too many people in the class to include each person individually in the lawsuit. 2) Typicality: The claims of the class representatives are typical of the claims of the rest of the class members. 3) Commonality: Members of the class have similar claims, usually stemming from the same facts or circumstances. 4) Adequacy: The proposed class representatives will protect the interests of the class members as a group. Litigation: Standing to Sue - ️️-Plaintiff must have been or will be directly and personally injured by the Defendant's action -There must be some threatened or actual injury resulting from the Defendant's action. -Generalized Grievances -Class Action Suits Appeal Stage - ️️Appellant, Appellee Trial Stage - ️️Plaintiff, Defendant, Third Party Defendant Generalized Grievances - ️️harm alone does not typically grant standing to sue! EXAMPLE: Taxpayer files suit challenging the CIA budget. The taxpayer lacks standing to sue. Class Action Suits - ️️Person files suit on his or her own behalf and on behalf of all persons who may have a similar claim. Joinder Rule - ️️All persons may join in one lawsuit as plaintiffs if the causes of action arises out of the same transaction or series of transactions and involve common questions of law and fact. In addition, additional parties may be added by the Plaintiff and Defendant who are necessary to a complete determination of the lawsuit. Litigation: Jurisdiction - ️️-Subject Matter Jurisdiction -Personal Jurisdiction Subject Matter Jurisdiction - ️️The ability of a court to resolve a controversy between parties.What are the types of Subject Matter Jurisdiction in federal court? - ️️1. Federal Question 2. Diversity 3. U.S. government is a party. Personal Jurisdiction - ️️Plaintiff: Voluntarily submits to the jurisdiction of a Court when a lawsuit is filed. Defendant: Must be served a summons (document issued by a court directing the defendant to appear in court or otherwise respond to the Plaintiff's allegations). How can you serve someone? - ️️Can be achieved in several ways: 1) Personal service (usually by Sheriff), Service by Certified Mail; Service by Publication. EXAMPLE: Process Servers. Litigation: Jurisdiction: Nonresident Individuals/Corporations - ️️May be subject to a suit in a state if they have certain "minimum contacts" within a state, so long as the maintenance of the suit does not offend traditional notions of fair play and substantial justice. Litigation: Pre-Trial Stages of Lawsuit - ️️-Pleadings -Motions Attacking Pleadings (Motion to Dismiss) -Discovery -Pretrial Conference -Pretrial Motions Litigation: Pre-Trial Stages of Lawsuit: Pleadings - ️️(Complaint, Answer, Counterclaim, Reply) - Default Judgment if Answer and/or Motion not filed by Defendant after service is obtained Litigation: Pre-Trial Stages of Lawsuit: Discovery - ️️Ex: Interrogatories, Requests for Production of Documents, Requests for Admissions, Depositions