Adequacy Separation
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
17443_devotional_auto_renew · CIVIL_PROCEDURE · Choice AAdequacy of representation is unnecessary because the named plaintiff personally suffered the same injury as the class.
Why it's attractive
The student treats adequacy as if it were subsumed by the named plaintiff's personal injury. The Gold Key tells the student adequacy is a separate Rule 23(a) prong, distinct from typicality and from the named plaintiff's personal injury.
Why it's wrong
The student treats adequacy as if it were subsumed by the named plaintiff's personal injury. The Gold Key tells the student adequacy is a separate Rule 23(a) prong, distinct from typicality and from the named plaintiff's personal injury.
17443_devotional_auto_renew · CIVIL_PROCEDURE · Choice CNumerosity and commonality are enough because the challenged policy affected hundreds of customers.
Why it's attractive
The student reads 'hundreds of customers' and concludes that numerosity and commonality are the only relevant prongs. The Silver Key forces the student to count the prongs: Rule 23(a) has four, all required.
Why it's wrong
The student reads 'hundreds of customers' and concludes that numerosity and commonality are the only relevant prongs. The Silver Key forces the student to count the prongs: Rule 23(a) has four, all required.
17443_devotional_auto_renew · CIVIL_PROCEDURE · Choice DCertification is automatic if the company used one policy, because commonality is the main Rule 23 requirement.
Why it's attractive
The student reads 'single policy' and concludes that commonality is dispositive. The Silver Key forces the student to count the prongs: commonality is one prong, not the only prong; certification is never 'automatic.'
Why it's wrong
The student reads 'single policy' and concludes that commonality is dispositive. The Silver Key forces the student to count the prongs: commonality is one prong, not the only prong; certification is never 'automatic.'
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