MBE Rules · Civil Procedure
Class actions — Rule 23
FRCP 23
The rule
Requires (a) Numerosity, Commonality, Typicality, Adequacy. Plus one of (b)(1) prejudice, (b)(2) injunctive relief, OR (b)(3) common questions predominate and class action is superior. (b)(3) classes require notice and opt-out rights.
In plain English
To form a class action, the group must be large, have similar legal issues, and have representatives who can fairly protect the group's interests. The case must also fit specific types of legal situations.
Worked example
A group of 500 homeowners sues a company for pollution. They all face similar harm and have a few representatives. The court allows a class action because it's more efficient than 500 separate lawsuits.
Memory hook
Class Action: NCTA + 3 Paths. Numerosity, Commonality, Typicality, Adequacy. Then choose (b)(1), (b)(2), or (b)(3).
The trap
Students think: Any common issue suffices. Wrong, because (b)(3) requires predominance and superiority. The actual test is whether common questions predominate over individual ones.
How examiners test it
The MBE loves: class action with diverse claims. Trap: assuming any commonality suffices for (b)(3). Remember, predominance and superiority are key.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.