Class action- Theory and Exercises. Legal English
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A class action is a legal proceeding where one or several plaintiffs sue on behalf of a larger group, impacting all members of the class. The history of class actions includes their roots in group litigation in the UK and their evolution in the US, particularly with the introduction of federal rule 23 in 1938, which allows for collective lawsuits. While class actions facilitate legal claims against large entities, they also have drawbacks, such as limited benefits for individual members and loss of control over the case.
Class action- Theory and Exercises. Legal English
- 1. Class action lawsuit Prof. Tomás M. Costanzo Seminario de Inglés Jurídico Universidad Católica de Cuyo
- 2. 2 What is a class action? A class action is a legal proceeding in which one or several plaintiffs bring a lawsuit on behalf of a larger group, known as the class (Investopedia) The judgment arisen from the suit covers all members of the class The penalties paid by the defendant are divided up among class members.
- 3. 3 Types of class actions Securities litigations Civil rights proceedings School funding Consumer product liability cases
- 4. History of class actions in the UK The antecedent of the class action is known as “group litigation”, which was very common in Britain from 1200 onward. These lawsuits involved groups of people either suing or being sued in actions at common law. These groups were usually based on existing societal structures From 1400 to 1700, it gradually switched to being the norm in England to the exception. Eventually, group litigation was esentially dead, in England, after 1850.
- 5. History of class action in the US 5 It was first introduced by court justice Joseph Story This concept was further cemented by U.S Federal Equity Rules up until 1938 In 1842, the State enacted rule 48, which stablished the mínimum of plaintiffs required to file a class action lawsuit. Since 1938, class actions have been governed under Rule 23 of the Federal Rules of Civil Procedure. In 1966, Rule 23 was revised, giving class members the ability to opt out of an action (Thus retaining their right to file an individual lawsuit).
- 6. 6 Advantages Disadvantages -It can enable litigation to proceed more expeditiously and cost-effectively, particularly in cases against large corporations -It may give individuals a greater chance of succesfully pursuing their claims against a defendant - It may avoid the need of repeating “days of witnesses exhíbits and issues from trial to trial. -It ensures that a defendant who engages in widespread harn, against each individual plaintiff, must compensate those individuals for their injuries -A class action centralizes all claims into one venue where a court can equitably divide the assets amongst all plaintiffs ( if they win the case). *Class members often receive little or no benefit from class actions. -Plaintiffs relinquish control over the case. Instead The chosen representative, along with their lawyer, decide how to proceed. Which may not be to the liking of all members. • The rewards may be unsatisfyng to those who were more seriously affected.
- 7. Activity ▫ The oldest form of class action lawsuit dates as far back as the X century. ▫ A class action lawsuit has a maximum number of plaintiffs allowed. ▫ In the US, class action have been governed by Rule 23. ▫ In the UK, class actions are a very common form of lawsuit. ▫ In a class action, plaintiffs have absolute control of the case. ▫ Class actions are predominantly a U.S. phenomenom. ▫ Only English speaking countries allow class action lawsuits ▫ Say whether the following statements are True or False, or It doesn’t say so 7 F It doesnt say so T It doesn’t say so F T It doesn’t say so
- 8. Listening activity: What is a class action? ▫ You’re going to listen to a man explaining the features of class actions. Listen carefully and fill in the gaps and answer the questions: 8 *Most class actions are brought by ___________ but you can also have a class of _____________ *The representative is called the _________________________ *Which are the elements required to bring a class action lawsuit? __________________________________________________________________________ plaintiffs defendants lead plaintiff Numerosity Commonality
- 9. Listening 9 ▫ You’re going to listen to a man explaining the features of class actions. Listen carefully and fill in the gaps and answer the questions: *Commonality means ___________________________________________________________________ *At certain points in the case the class action members can _________________________________________________________________ *Numerosity means ____________________________________________________________________________We have too many people for it to be practical to be one lawsuit The members of the class action have at least one question of law and fact Opt out so that they can pursue their cases individually