Card Set Information

2011-06-30 07:44:34

Words of Winchell
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  1. Class action must have:
    • 1. Numerosity
    • 2. Commonality
    • 3. Class representative, typical of everybody else
  2. Disparate Treatment
    A person is treated differently then others similarly situated.
  3. Exceptions to Mootness
    • 1. Voluntary Cessation
    • 2. Capable of repetitions, yet evading review
    • 3. Class action
  4. Voluntary Cessation
    Where a defendant is acting wrongfully, but ceases to engage in such conduct once a litigation has been threatened or commenced
  5. 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.
  6. Hobsons Choice
    No choice at all
  7. Mootness
    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
  8. Ripeness
    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.
  9. 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.
  10. Direct Attack
    An attempt by appellants to avoid or correct a judgment in some manner provided by law, BEFORE JUDGEMENT
  11. Collateral Attack
    An attempt to impeach or overturn a judgment rendered in a judicial proceeding

    • Example
    • 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.
  12. Forum non conveniens
    Courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties.