Civil Procedure Multistate Bar Practice Exam

In a class action, what does "commonality" refer to?

1. Members living in the same area

2. Defendants being the same

3. Some issue being in common among class members

4. All claims being the same

The correct answer is: Some issue being in common among class members

In the context of a class action, "commonality" refers specifically to the requirement that there must be a common issue or question of law or fact that is shared by all members of the class. This means that the claims of the class members, while they may involve different individual circumstances, must be based on at least one issue that is common to all. The purpose of establishing commonality is to ensure that the resolution of that shared issue will advance the interests of all class members. For example, if a class action involves a product defect, the common question might be whether the product is defectively designed. If the court can resolve that question in a way that is applicable to all class members, it satisfies the commonality requirement. This approach promotes efficiency by allowing the court to handle numerous similar claims collectively rather than requiring each individual claim to be litigated separately. Therefore, the essence of commonality lies in identifying that shared aspect, which differentiates it from aspects such as the geographical location of class members, identity of defendants, or uniformity in claims.