Class Actions (VCE SSCE Legal Studies): Flashcards
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Class action definition
Class action definition
Multiple people with similar claims join in single court case
Three requirements for class action
Three requirements for class action
7+ people, similar circumstances, common legal issues
Lead plaintiff role
Lead plaintiff role
Initiates action, named in documents, represents group
Group members' involvement level
Group members' involvement level
Not named, don't give instructions, don't appear in court
Opt-out in class actions
Opt-out in class actions
Process to remove yourself from automatic inclusion in action
Litigation funder's fee %
Litigation funder's fee %
Typically 20-40% of settlement or damages awarded
Court's supervisory role in class actions
Court's supervisory role in class actions
Approves settlements, reviews costs, protects group members
Lead plaintiff's cost risk if action fails
Lead plaintiff's cost risk if action fails
Responsible for all legal costs and adverse costs order
Four types of class actions
Four types of class actions
Shareholder, product liability, employment, natural disaster
Access to justice benefit of class actions
Access to justice benefit of class actions
Group members don't pay costs upfront, deducted from settlement