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...
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 ...
Real action
Real action, one brought for the specific recovery of lands, tenements, and hereditaments.Among the civilians, real actions, otherwise called vindications, are those in which a man demanded something that was his own. They were founded on dominion, or jus in re.The real actions of the Roman Law were not, like the real actions of the Common Law, confined to real estate, but they included personal as well as real property. But the same distinction as to classes of remedies and actions pervades the Common and Civil Law. Thus we have, in the Common Law, the distinct classes of real actions, personal actions, and mixed actions--the first, embracing those which concern real estate where the proceeding is purely in rem; the next, embracing all suits in personam for contracts and torts; and the last embracing those mixed suits where the person is liable by reason of and in connection with property, Story's Confl. Laws, 781.By the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27...
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 ...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
Action of possessory
Action of possessory, a class of real actions where the plaintiff had been seised of the land claimed, e.g. novel disseisin as opposed to action ancestral, where the claim was founded on descent from a person who had been seised, such as Mort d' Ancestor. Actions ancestral were ancestral droirural, and ancestral possessory, Co. Inst., Part 2, 241....
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...
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