A group of consumers alleges that a software company sold a defective program that caused widespread data loss. One consumer files a lawsuit and seeks to proceed on behalf of all similarly affected individuals as a class action. Under Federal Rule of Civil Procedure 23, which of the following must the consumer show for the court to certify the proposed class?
The class must consist of at least 50 members.
The class representatives must be from different states.
There must be questions of law or fact common to the class.
Each class member must have suffered identical damages.
The correct answer is that there must be questions of law or fact common to the class. Rule 23(a)(2) (the commonality requirement) demands at least one such common question, and the lack of common issues will defeat certification. Rule 23 does not set a specific minimum number of members; numerosity under Rule 23(a)(1) turns on whether joinder is impracticable, not on an arbitrary figure like 50. Class certification does not require every member to have identical damages; variations in damages typically affect relief, not the presence of common issues. Finally, Rule 23 contains no mandate that the named representatives be citizens of different states; citizenship matters only for subject-matter jurisdiction, not for certification.
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Multistate Bar Examination
Civil Procedure
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