Civil Procedure Multistate Bar Practice Exam

In a class action, whose citizenship is considered?

1. The citizenship of all class members

2. The citizenship of the named representative(s)

3. The citizenship of the defending party

4. The citizenship of the majority of class members

The correct answer is: The citizenship of the named representative(s)

In a class action, the citizenship that is considered for the purposes of diversity jurisdiction is that of the named representative(s) of the class. This means that the court will look at the citizenship of the individuals who are formally representing the class rather than the citizenships of all class members or the defendants. This is significant because in a class action lawsuit, determining diversity jurisdiction is crucial for the federal courts to have the authority to hear a case. If the named representatives are citizens of different states than the defendant, then the requirements for diversity jurisdiction are met, even if there may be class members from the same state as the defendant. The citizenship of all class members is not taken into account for this determination, because counting the citizenship of each individual could create practical challenges and defeat the purpose of a class action which is to provide a simplified and efficient process for handling claims. Therefore, it's only the citizenship of the named representative(s) that governs whether the court has the right to hear the case based on diversity.