This ppt is intended to be used in an ILEC lesson. Class actions, closing argument. Memo

1. CLASS
ACTIONS.
Dra Adela Pérez del Viso
Colegio de abogados de San Luis. 2012

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. 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. 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. 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. 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. 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. 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. 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. FINALLY, A CLASS ACTION
AVOIDS THE SITUATION WHERE
DIFFERENT COURT RULINGS
COULD CREATE “INCOMPATIBLE
STANDARDS” of conduct for the
defendant to follow.

11. CLOSING ARGUMENT.

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. 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. 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. 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. 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. 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. 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