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Class action must have:
- 1. Numerosity
- 2. Commonality
- 3. Class representative, typical of everybody else
A person is treated differently then others similarly situated.
Exceptions to Mootness
- 1. Voluntary Cessation
- 2. Capable of repetitions, yet evading review
- 3. Class action
Where a defendant is acting wrongfully, but ceases to engage in such conduct once a litigation has been threatened or commenced
Capable of Repetitions, yet evading review
When persons will frequently be faced with a particular situation, but will likely cease to be in a position where the court can provide a remedy for them in the time that it takes for the justice system to address their situation.
No choice at all
A matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law
Refers to the readiness of a case for litigation.
The goal is to prevent premature adjudication; if a dispute is insufficiently developed, any potential injury or stake is too speculative to warrant judicial action.
If you are served but you are not a permanent resident of the State. What do you do?
- DO NOT allow a default judgement
- 1. Send in a motion of SPECIAL APPEARANCE
- 2. and a MOTION TO QUASH to challenge the personal jurisdicton.
An attempt by appellants to avoid or correct a judgment in some manner provided by law, BEFORE JUDGEMENT
An attempt to impeach or overturn a judgment rendered in a judicial proceeding
- If a default judgment is entered against the person, he or she may collaterally attack the authority of the issuing court to render it, claiming that there was a lack of Personal Jurisdiction.
Forum non conveniens
Courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties.