LAW 122 Lecture Notes - Lecture 3: Small Claims Court, Damages, Alternative Dispute Resolution
25 Oct 2014
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Special cases (adults suffering from a mental incapacity, children) Allows a single person, or a small group of people, to bring a legal claim on behalf of a larger group of people. A class action can range in size from 2 people to thousands. A class proceeding would be the preferable procedure for the resolution of the common issues; andthere is a representative plaintiff or defendant who, Would fairly and adequately represent the interests of the class. Has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and. Does not have, on the common issues for the class, an interest in conflict. Common but not necessarily identical issues of fact, or. Common but not necessarily identical issues that arise from common but not necessarily identical facts.
