Civil Procedure Multistate Bar Practice Exam

What type of class action is necessary to avoid harm to the class members?

1. Injunctive relief

2. Prejudice class action

3. Common question action

4. Declaratory relief class action

The correct answer is: Prejudice class action

The correct answer is a prejudice class action because this type of class action is designed to address situations where the parties’ individual claims, if handled separately, could lead to inconsistent results or where an individual action might not provide sufficient relief. It focuses on the need to avoid harm or prejudice to the class members due to the nature of the claims being made. In a prejudice class action, the court aims to ensure that all class members are treated consistently and fairly, which is essential when the prosecution of separate actions might adversely affect their interests. This type of class action facilitates the resolution of the issue for the entire class simultaneously in order to prevent prejudice to members who are similarly situated but may lack the resources to litigate their claims individually. In contrast, while injunctive relief and declaratory relief class actions serve important roles in obtaining specific remedies related to future conduct or clarifying legal rights, they are not specifically focused on preventing harm to class members in the same way that a prejudice class action is. A common question action may deal with important legal issues that affect the class, but it does not inherently prioritize the need to prevent prejudice or potential harm that could arise from individually prosecuting claims.