CLASS
ACTIONS.
CLASS ACTION.
A CLASS SUIT or REPRESENTATIVE ACTION.
IN WHICH A LARGE GROUP OF PEOPLE
COLLECTIVELY BRING A CLAIM TO COURT
...
May be brought in FEDERAL
COURTS. (class of plaintiffs citizen of
a State different from any defendant, or
plaintiffs from...
CLASS ACTION FAIRNESS ACT of
2005: MORE THAN 5 MILLION:
FEDERAL CASE.
PROCEDURE:
--FILE SUIT with one or several
named pla...
AFTER THE COMPLAINT IS FILED:
the plaintiff must file a MOTION TO
HAVE the CLASS CERTIFIED.
Sometimes: Class certification...
Private Notices: to class members:
give the oppportunity to opt out of the
class. (if individuals wish to proceed
with the...
REQUIREMENTS for a class action:
“CANT”:
COMMONALITY: Must be one or more legal or
factual claims common to the entire cla...
ORIGIN: “group litigation” in England,
XIII century. Then: JOSEPTH STORY
and the case WEST V.RANDALL
(1820)
ADVANTAGES:
--...
HELPS CHANGING BEHAVIOUR of a
class of which the defendant is a
member. Ex: LANDEROS V FLOOR:
encourage doctors to report ...
FINALLY, A CLASS ACTION
AVOIDS THE SITUATION WHERE
DIFFERENT COURT RULINGS
COULD CREATE “INCOMPATIBLE
STANDARDS” of conduc...
CLOSING ARGUMENT.
CLOSING ARGUMENT.
THE CLOSING ARGUMENT: Tells
the Court:
“THE COURT SHOULD CONSIDER”
THE COURT MUST EVALUATE
WHETHER A REA...
CLOSING ARGUMENT.
EXAMPLE OF PERSUASIVE TEXT.
WE USE PERSUASIVE LANGUAGE
in Court, or Negotiating a contract, or
writing a...
CLOSING ARGUMENT:
IN THE CLOSING ARGUMENT, KEY
POINTS NEED TO BE STRESSED
MORE.
TWO WAYS TO EMPHASISE
IDEAS: A) BEGINNING ...
CLOSING ARGUMENT:
PRACTICE SAYING THE FOLLOWING
SENTENCE STRESSING THE UNDERLINED
WORD:
We´re meeting the new client on
MO...
MEMORANDUMS: Informative
and “Giving Advice” memo.
Memo: INFORMAL WAY OF
COMMUNICATION.
In Legal English: memorandums or
m...
INFORMATIVE MEMO.
A heading: DATE, To, FROM and Sj.
The subject line: States the main idea
of the memo in less than 10 wor...
MEMO GIVING ADVICE(pg 100)
HEADING (From, to, Subj.line)
SUBJECT: The main advice. E.G.
“some suggested changes”
CONTEXT: ...
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CLASS ACTIONS, CLOSING ARGUMENTS AND MEMOS.

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This ppt is intended as a way of revision, for students of Legal English. It contains the following concepts: Class Actions. Closing Arguments. Memo. (memo giving advice and other kinds of memos). The level of English should be upper intermediate. It aims to an ILEC class. (Cambridge English- legal).

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CLASS ACTIONS, CLOSING ARGUMENTS AND MEMOS.

  1. 1. CLASS ACTIONS.
  2. 2. CLASS ACTION. A CLASS SUIT or REPRESENTATIVE ACTION. IN WHICH A LARGE GROUP OF PEOPLE COLLECTIVELY BRING A CLAIM TO COURT OR IN WHICH A CLASS OF DEFENDANTS IS BEING SUED. THIS FORM: ORIGINATED IN THE U.S. THEY ARE GOVERNED BY: FEDERAL RULES of CIVIL PROCEDURE RULE.
  3. 3. May be brought in FEDERAL COURTS. (class of plaintiffs citizen of a State different from any defendant, or plaintiffs from a foreign state). FEDERAL COURT: if the case exceeds 5.000.000 dollars. SOME OTHER CASES: brought in STATE COURTS. Typically Federal C.:more favorable for defendants and State C.: more for plaintiffs.
  4. 4. CLASS ACTION FAIRNESS ACT of 2005: MORE THAN 5 MILLION: FEDERAL CASE. PROCEDURE: --FILE SUIT with one or several named plaintiffs on behalf of a proposed class. Typically: an action on the part of a business or a particular product defect or policy that applied to all proposed class members.
  5. 5. AFTER THE COMPLAINT IS FILED: the plaintiff must file a MOTION TO HAVE the CLASS CERTIFIED. Sometimes: Class certification may require “DISCOVERY” (sumaria informacion) to determine its size or if it meets the standards for class certification. DUE PROCESS: NOTICE describing the class action must be sent, published or broadcast to class members.
  6. 6. Private Notices: to class members: give the oppportunity to opt out of the class. (if individuals wish to proceed with their own litigation they are entitled to do so). If there is a SETTLEMENT PROPOSAL the Court will direct the class counsel to send a settlement notice to all the members of the certified class.
  7. 7. REQUIREMENTS for a class action: “CANT”: COMMONALITY: Must be one or more legal or factual claims common to the entire class. ADEQUACY: The representative parties must ADQUATELY PROTECT the interests of the Class. NUMEROSITY: The class, so large as to make individual suits impractical. TYPICALITY: claims or defenses must be typical of the plaintiffs or defendants.
  8. 8. ORIGIN: “group litigation” in England, XIII century. Then: JOSEPTH STORY and the case WEST V.RANDALL (1820) ADVANTAGES: --they aggregate a large number or individualized claims into 1 representational lawsuit. --small recoveries do not provide an incentive for any individual to bring a solo action prosecuting his or her rights.
  9. 9. HELPS CHANGING BEHAVIOUR of a class of which the defendant is a member. Ex: LANDEROS V FLOOR: encourage doctors to report child abuse. IN LIMITED FUND CASES: a class action ensures that all plaintiffs receive relief and that early –filing plaintiffs do not raid the fund of all its assets before others may be compensated.
  10. 10. FINALLY, A CLASS ACTION AVOIDS THE SITUATION WHERE DIFFERENT COURT RULINGS COULD CREATE “INCOMPATIBLE STANDARDS” of conduct for the defendant to follow.
  11. 11. CLOSING ARGUMENT.
  12. 12. CLOSING ARGUMENT. THE CLOSING ARGUMENT: Tells the Court: “THE COURT SHOULD CONSIDER” THE COURT MUST EVALUATE WHETHER A REASONABLY PRUDENT PERSON… THE COURT MUST DETERMINE THE CREDIBILITY OF WITNESSES..
  13. 13. CLOSING ARGUMENT. EXAMPLE OF PERSUASIVE TEXT. WE USE PERSUASIVE LANGUAGE in Court, or Negotiating a contract, or writing a memo proposing a course of action to a client, or in a discussion. KEY ELEMENTS: A) clear statements. B) Supported by evidences. C) REBUTTAL (argue against) OF OPPOSING STANDPOINTS OR ARGUMENTS.
  14. 14. CLOSING ARGUMENT: IN THE CLOSING ARGUMENT, KEY POINTS NEED TO BE STRESSED MORE. TWO WAYS TO EMPHASISE IDEAS: A) BEGINNING THE SENTENCE WITH A PHRASE THAT SIGNALS IMPORTANCE. (see also pg.69) B) STRESS INTONATION
  15. 15. CLOSING ARGUMENT: PRACTICE SAYING THE FOLLOWING SENTENCE STRESSING THE UNDERLINED WORD: We´re meeting the new client on MONDAY. We´re meeting the new CLIENT on Monday. We´re meeting the NEW client on Monday. We´re MEETING the new client on Monday.
  16. 16. MEMORANDUMS: Informative and “Giving Advice” memo. Memo: INFORMAL WAY OF COMMUNICATION. In Legal English: memorandums or memos: more formal. On page 70: An INFORMATIVE MEMO.
  17. 17. INFORMATIVE MEMO. A heading: DATE, To, FROM and Sj. The subject line: States the main idea of the memo in less than 10 words. The CONTEXT: Background info about the project (e.g.an event previously notified). MAIN MESSAGE: Certain points to organise, in descending order of importance. THE ACTION CLOSE: What to do next
  18. 18. MEMO GIVING ADVICE(pg 100) HEADING (From, to, Subj.line) SUBJECT: The main advice. E.G. “some suggested changes” CONTEXT: Begin the memo referring to your previous contact, and the reason for writing. MAIN MESSAGE: Points you want to make, as a list. ACTION CLOSE: An offer to provide further help

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