LAW 525 Lecture Notes - Lecture 9: Trade Association, Walkover, Product Liability
6 Sep 2016
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Document Summary
Civil lawsuit by 1 or more person on behalf of a larger group. Common or similar claims resolved in 1 proceedings. Goals: 1) improved access to justice, 2) judicial economy, 3) behavior modification. 5 elements of certification (s. 5 cpa: 1) pleadings disclose a cause of action. A cause of action is disclosed provided it is not beyond a reasonable doubt that it could succeed. Allegation of facts must not be ridiculous or incapable of proof. Low threshold: 2) identifiable class of 2 or more persons. Don"t need to identify all members of class. Purpose of class definition: id person with potential claim, who will be bound by result, entitled to notice, 3) common issues. Definition: issues of fact or law that will move the litigation forward. Issues must be common but not necessarily have: identical issues of fact, identical issues of law that arise from common but not necessarily identical facts.
