Civil Procedure Multistate Bar Practice Exam

Which of the following is NOT a requirement for a class action?

1. Numerosity

2. Geographic commonality

3. Typicality

4. Adequate representation

The correct answer is: Geographic commonality

In the context of class actions, the requirements are set forth primarily in Rule 23 of the Federal Rules of Civil Procedure. These include numerosity, typicality, and adequate representation, each serving a specific purpose to ensure that the class action is manageable and fair for all class members. Numerosity refers to the idea that the class must be so large that individual suits would be impracticable. This ensures that it is reasonable for the claims to be handled collectively. Typicality requires that the claims or defenses of the representative parties are typical of those of the class members. This fosters commonality among the group, indicating that the representative can adequately reflect the interests of the entire class. Adequate representation ensures that the representatives will fairly and adequately protect the interests of the class, preventing conflicts of interest and ensuring competent legal representation. Geographic commonality, while it might help in creating a cohesive group, is not a specific legal requirement for class actions. A class can be formed without any need for the members to share a common geographic area, as long as the other criteria are met. Thus, the absence of geographic commonality as a formal requirement aligns with the correct understanding of the prerequisites for establishing a class action.