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Question 1
A class action lawsuit is most similar to what other type of legal advice?
Correct A class action lawsuit allows many plaintiffs to join together in one action against a defendant or series of defendants. This is similar to the process of joinder.
Incorrect! A class action lawsuit allows many plaintiffs to join together in one action against a defendant or series of defendants. This is similar to the process of joinder.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
A class action lawsuit allows one or more people to litigate based on:
Correct
Incorrect!
Correct
Incorrect!
Correct A class action lawsuit allows many plaintiffs to join together in one action against a defendant or series of defendants. However, the all must share a common basis for the cause of action, such as similar or shared injuries.
Incorrect! A class action lawsuit allows many plaintiffs to join together in one action against a defendant or series of defendants. However, the all must share a common basis for the cause of action, such as similar or shared injuries.
Correct
Incorrect!
Question 3
Which of the following factors is(are) a requirement(s) under Rule 23 of the Federal Rules of Civil Procedure for establishing class action litigation?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Choice 1-3 describe the required factors for a Rule 23 class action of 'numerocity', 'commonality' and 'typicality'.
Incorrect! Choice 1-3 describe the required factors for a Rule 23 class action of 'numerocity', 'commonality' and 'typicality'.
Question 4
John, a resident of Missouri, was involved in a train wreck. The train was owned and operated by Railways, Inc., a corporation established under the laws of New York. Over 40 people were injured in the train wreck, all of whom were paying passengers of Railways, Inc. Among the injured are the following people: Bobby, a resident of New York; Carla, a resident of New Jersey; Charles, a resident of New York; Patricia, a resident of South Carolina. All of the named injured passengers are part of a class action lawsuit being filed by Lewis Lawyer, a class action litigation expert. Lewis wishes to file the case in federal court based on diversity of citizenship. Which of the following individuals, if any, can be named class representative in order to preserve federal jurisdiction?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In order to preserve federal jurisdiction under diversity of citizenship rules, none of the potential class representatives may share the same state of residence as the defendant. In this example, the defendant Railways, Inc. is organized under the laws of New York. Therefore, any potential class representative for the plaintiff cannot be a resident of New York. Therefore, Bobby and Charles are eliminated from being class representatives, and all answers containing either Bobby or Charles must be eliminated.
Incorrect! In order to preserve federal jurisdiction under diversity of citizenship rules, none of the potential class representatives may share the same state of residence as the defendant. In this example, the defendant Railways, Inc. is organized under the laws of New York. Therefore, any potential class representative for the plaintiff cannot be a resident of New York. Therefore, Bobby and Charles are eliminated from being class representatives, and all answers containing either Bobby or Charles must be eliminated.
Question 5
Caroline suffered from seizures caused by a medical condition she had developed after a car accident. Her physician had recently changed her medication in an effort to reduce the frequency of her seizures to Suppress It, a prescription drug manufactured by Drug, Inc. However, after taking her medication for one week, she began to suffer from psychotic hallucinations. Caroline contacted Lewis Lawyer, a well-known class action attorney whose subspecialty was litigation against pharmaceutical companies. Lewis discovered that 5 other patients who took Suppress It experienced hallucinations like Caroline. However, the remaining 1,000 patients on Suppress It were not affected in this way. Can Lewis bring a class action lawsuit on behalf of Caroline and the other affected patients?
Correct
Incorrect!
Correct Courts have stated that a class must contain at least 30 members to be classified as a class. In the above example, there are potentially six members for the class, which is inadequate. Therefore, (b) is the correct answer.
Incorrect! Courts have stated that a class must contain at least 30 members to be classified as a class. In the above example, there are potentially six members for the class, which is inadequate. Therefore, (b) is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 6
Cheryl is one of 105 workers who were exposed to asbestos while working in a factory. The factory was owned by Contractors, Inc., a company that furnished building materials for the construction of office and factory space. Contractors, Inc. had failed to provide adequate ventilation and protective masks to its workers. Many of the workers like Cheryl had been employed by Contractors, Inc. for over 10 years and had been exposed for that period of time. As a result of their exposure, Cheryl and 49 other employees had developed advanced cases of lung cancer. The other 55 employees had developed a mild form of lung irritation. However, these 55 employees were also injured when a crane owned and operated by Contractors had crashed on top of them, causing severe physical injuries such as broken legs and ribs and concussions. All 105 employees wish to bring a single class action lawsuit against Contractors, Inc. for their injuries. Can a class action lawsuit be brought for these parties?
Correct The injuries suffered by the members of the class stem from different events and are different injuries. Half of the members would seek litigation based on inhalation of asbestos over a long period of time, while the other members would seek litigation based on a single accident. As a result, questions of law and fact would differ as well as the claims and defenses put forth in the lawsuit. Therefore, (a) is the best answer.
Incorrect! The injuries suffered by the members of the class stem from different events and are different injuries. Half of the members would seek litigation based on inhalation of asbestos over a long period of time, while the other members would seek litigation based on a single accident. As a result, questions of law and fact would differ as well as the claims and defenses put forth in the lawsuit. Therefore, (a) is the best answer.