Class Action - Law Dictionary Search Results
Home Dictionary Name: class actionclass action
class action : an action in which a representative plaintiff sues or a representative defendant is sued on behalf of a class of plaintiffs or defendants who have the same interests in the litigation as their representative and whose rights or liabilities can be more efficiently determined as a group than in a series of individual suits called also class action suit class suit see also certification compare consolidate, joinder test case at case NOTE: Rule 23 of the Federal Rules of Civil Procedure sets out the prerequisites for having an action certified as a class action in federal court. Section (a) permits a class action if “(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.” If th...
representative party
representative party a party who sues on behalf of the class in a class action. The claims or defenses of the representative party must be typical of the class, and the representative party must protect the interests of the class. See class action. Source: Federal Judicial Center ...
class
class : a group of persons or things having characteristics in common: as a : a group of persons who have some common relationship to a person making a will and are designated to receive a gift under the will but whose identities will not be determined until sometime in the future see also class gift at gift b : a group of securities (as stocks or bonds) having similar distinguishing features (as voting rights or priority of redemption) c : a group whose members are represented in a class action d : protected class e : a group of crimes forming a category distinguished by a common characteristic (as the use of violence or the requirement for a maximum penalty)[murder is a A felony] ...
class suit
class suit : class action ...
Plea
Plea [fr. plee, Fr.]. this was the name of a defendant's answer of fact to a plaintiff's declaration; anciently a suit or action.Pleas were divided into common pleas, relating to civil causes, and pleas of the Crown, relating to criminal prosecutions.At Common Law pleas were divided into:(1) Dilatory; which were subdivided into:(a) To the jurisdiction of the Court.(b) In suspension of the action,(c) In abatement of the writ or declaration, and:(2) Peremptory, i.e., in bar of the action.The distinction between these two classes of pleas was that the dilatory showed some ground for quashing the declaration, the peremptory for defeating the action. Consult Bullen and Leake, or Odgers on Pleading, and Ch. Arch. Practice.In equity, a plea was resorted to by a defendant when an objection was not apparent on the bill itself, or, as the technical phrase was, where it arose from matter dehors the bill, other matter being dealt with by 'Answer' (see that title).A defendant now raises his defence...
numerosity
numerosity : the requirement that members of a proposed class formed for a class action be so numerous as to make joinder of the members impracticable ...
representative
representative 1 : serving to represent 2 a : standing or acting for another esp. through delegated authority [an agent acting in a capacity] b : of, based on, or constituting a government in which the people are represented by individuals chosen from among them usually by election 3 : of or relating to representation n : one that represents another or others in a special capacity: as a : one that represents a constituency as a member of a legislative or other governing body ;specif : a member of the House of Representatives of the U.S. Congress or a state legislature b : one that represents another as agent, deputy, substitute, or delegate and that usually is invested with the authority of the principal c : one that represents or stands in the place of a deceased person : personal representative d : one that represents another as successor or heir e : one named as the plaintiff or defendant in a class action to litigate on behalf of the class ...
Certify
Certify, The word 'certify' in the Article 134 (1) (C) of the Constitution of India has a clear meaning. It requires that when giving the leave to appeal, the High Court must first determine the issue of law which in its opinion is needed to be settled by the Supreme Court and such question must be clearly set out in its order. It is well-established that mere grant of certificate by the High Court does not prevent this Court from determining whether it was rightly granted and whether the conditions prerequisite for the grant of certificates are satisfied, T.B. Thakore v. State of Maharashtra, (1969) 3 SCC 369 (371). [Constitution of India, Art. 134 (1) (c)]The word 'certify' used in clause (c) of article 133(1) suggests that the High Court is expected to apply its mind before certifying the case to be fit for appeal. The mere grant of a certificate would, however, not preclude this Court from determining whether the conditions pre-requisite for the grant are satisfied. It is, therefor...
Juridical link
Juridical link, means a legal relationship between members of a potential class action, sufficient to make a single suit more efficient or effective than multiple suits, as when all members of the class have been similarly affected by an allegedly illegal regulation. Also termed juridical relationship, Black's Law Dictionary, 7th Edn., p. 854....
Bar, plea in
Bar, plea in, a pleading showing some ground for barring or defeating an action at Common Law. A plea in bar was therefore distinguished from all pleas of the dilatory class, as impugning the right of action altogether, instead of merely tending to divert the proceedings to another jurisdiction, or suspend them, or abate the particular writ or declaration. It was, in short, a substantial and conclusive answer to the action. It followed from this property, that, in general, it must either deny all, or some essential part of, the averments of fact in the declaration, or, admitting them to be true, allege new facts which obviated or repelled their legal effect. In the first case the defendant was said, in the language of pleading, to traverse the matter of the declaration; in the latter, to confess and avoid it. Pleas in bar were consequently divided into (1) pleas by way of traverse, and (2) pleas by confession and avoidance.In Equity, a plea in bar was a defence resorted to when there w...
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