Article 9 Flashcards Preview

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Flashcards in Article 9 Deck (13):
1

T/F in class actions brought for injunctive or declaratory relief, notice must in all cases be given to the class

False


CPLR 904 (unless court finds that notice necessary)

2

T/F Members of a class may sue or be sued as representative parties in behalf of all

True


CPLR 901

3

Within 60 days after time to serve responsive pleading has expired, _______ shall move for an order that a class action be maintained.

Plaintiff


CPLR 902

4

T/F The order permitting the class shall describe the class

True


CPLR 903

5

The judgment in a class action shall include and describe who?

Members of the class


CPLR 905

6

T/F a class action may be discontinued without the approval of the court

False


CPLR 908

7

Within __ days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether a class action is to be so maintained

60


CPLR 902

8

Which of the following 5 statements is not correct? Members of s class may sue or be sued as representative parties on behalf of all if:
A. Class is so numerous that joinder of all members is impracticable.
B. Questions affecting individual members predominate over questions of law or fact common to class
C. Claims or defenses of representative parties are typical of claims or defenses of the class
D. Representative parties will fairly and adequately protect interests of the class
E. Class action is superior to other methods for the efficient adjudication of the controversy

B. Questions affecting individual members predominate over questions of law or fact common to class

CPLR 901

9

Within __ days after the time to serve a responsive pleading ha expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether a class action is to be so maintained
A. 30
B. 60
C. 90
D. 120

B. 60


CPLR 902

10

Which of the following is not correct? Members of a class may sue or be sued as representative behalf of all if:
A. Class is so numerous that joinder of all members is impracticable
B. Questions of law or fact common to class predominate over questions affecting individual members
C. Claims or defenses or representative parties are not typical of claims or defenses of the class
D. Representative parties will fairly and adequately protect interests of the class

C. Claims or defenses of representative parties are not typical of claims or defenses of the class


CPLR 901

11

In determining method of notice, court shall consider
1. The cost of giving notice
2. Resources of the parties
3. Stake of represented members, and possibility that s significant number of the class would desire to exclude themselves from the class or to appear individually
A. 1 & 2
B. 1, 2 & 3
C. 2 & 3
D. Neither 1 nor 2 nor 3

B. 1, 2 & 3


CPLR 904

12

Which of the following statements is false? In determining whether action is to proceed as a class action, court shall consider whether
A. Interest of members of class in controlling the prosecution or defense of separate actions
B. Impracticability or inefficiently of separate actions
C. Extent and nature of litigation concerning controversy which might be commenced
D. Desirability or undesirability of concentrating litigation in the particular forum

C. Extent and nature of litigation concerning controversy which might be commenced


CPLR 902

13

T/F unless otherwise prescribed, an action to recover a penalty, or a minimum measure of recovery created or imposed by statute may not be maintained as a class action

True


CPLR 901