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Class action must have:
- 1. Numerosity
- 2. Commonality
- 3. Class representative, typical of everybody else
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Disparate Treatment
A person is treated differently then others similarly situated.
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Exceptions to Mootness
- 1. Voluntary Cessation
- 2. Capable of repetitions, yet evading review
- 3. Class action
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Voluntary Cessation
Where a defendant is acting wrongfully, but ceases to engage in such conduct once a litigation has been threatened or commenced
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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.
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Hobsons Choice
No choice at all
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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
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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.
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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.
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Direct Attack
An attempt by appellants to avoid or correct a judgment in some manner provided by law, BEFORE JUDGEMENT
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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.
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Forum non conveniens
Courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties.
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