Once upon a time, in the not-so-distant future, humanity stood on the cusp of a new era. This was a time of rapid technological advancement, where curiosity and ambition drove brilliant minds to explore the unknown. Among the myriad of inventions and discoveries, one stood out with the potential to redefine the essence of life itself: Artificial Intelligence (AI).
The story of AI's creation begins in the hallowed halls of academia, where researchers and scientists pondered over complex equations, algorithms, and theories. These pioneers, equipped with an insatiable desire to understand and replicate the intricacies of the human mind, embarked on a journey fraught with challenges and skepticism.
At the heart of their quest was the dream to build a machine not just with the ability to calculate at astonishing speeds, but one that could learn, adapt, and make decisions. This dream machine would not only possess the vast knowledge accumulated by humanity but also the capacity to reason, to understand emotions, and to interact with humans in a way that was indistinguishable from other humans.
The early days were filled with trial and error. Initial attempts to create intelligent machines were primitive. These machines could follow instructions and perform simple tasks, but they lacked the ability to think independently or understand the nuances of human language and emotions. Despite these setbacks, the inventors pressed on, fueled by their vision and the potential of what AI could one day become.
As time progressed, so did the technology. Breakthroughs in computing power, data storage, and algorithms provided the necessary tools to leap forward. The invention of neural networks, inspired by the human brain's own network of neurons, was a turning point. These networks, capable of learning and adapting through a process known as machine learning, became the foundation upon which modern AI was built.
With each passing day, AI became more sophisticated. It started to learn from vast datasets, recognizing patterns and making decisions with increasing accuracy. It began to understand and generate human language, interact in social contexts, and solve complex problems across various domains, from medicine to environmental science, and beyond.
But the creation of AI was not just the work of scientists and researchers. It was a collaborative effort that spanned the globe, involving ethicists, philosophers, and policymakers. Together, they navigated the moral and ethical implications of creating a technology so powerful and transformative. They established guidelines to ensure that AI would be developed responsibly and would work to benefit humanity as a whole.
And so, through the collective efforts of countless individuals, AI came to be. It was not just a tool or a machine, but a testament to human ingenuity and the relentless pursuit of knowledge. AI stood as a mirror, reflecting the best and worst of humanity, challenging us to grow and evolve.
As we look to the future, the story of AI is still being written. Its full potential, challenges, and impact on society remain to be seen. But one thing is for certain: the creation of AI marks a pivotal chapter in the story of humanity, a chapter filled with wonder, hope, and the endless possibilities of what we can achieve when we dare to dream.
jake rushed ahead as jill surfed a lake and ralf digs here while gail shreds kelp kara held a jug as sheila fried eggs fergus likes jade luke jigs ashore as ash glared at fur and a huge dark file is laid out
jill has a large desk as kara judges a red fish sheila likes huge dark jars ralf is ahead as gail digs here kara jigs as a shark glides by huge files are laid out
a shark lurks as fergus digs here jade is held by kara luke shreds kelp sheila fries a huge egg gail jigs as ralf glares at her ash digs and a jug slides
luke held a jug as ralf likes a huge dark lake sheila and jade dig here kara shreds kelp gail is ahead as ash glides by fergus fries eggs a shark lurks nearby
The continued incarceration of Delhi Chief Minister Arvind Kejriwal in the midst of a general election highlights the hard political realities that seem to determine which leader gets prosecuted or arrested on allegations of corruption. Over the decades, it has become clear that only an unfriendly regime usually pursues charges against key political rivals; and that the status of relations between the party that runs the government of the day and those facing such charges dictates the course of action for supposedly independent agencies. That the number of leaders whose offences are forgotten as soon as they join the ruling party or become an ally is increasing, while jail time is reserved for adversaries. In Mr. Kejriwal’s case, there is an astounding element of politics vitiating his arrest and prosecution for allegedly taking kickbacks to formulate a liquor policy favourable to the industry. Mr. Kejriwal, who leads the Aam Aadmi Party, has been denied participation in the campaign for the general election. The adverse implications of his absence are quite obvious, even though there is no law that spares politicians from criminal liability in election time. The Delhi excise policy case was registered in August 2022. The CBI and the Enforcement Directorate (ED) have filed charge sheets, but the investigation has been continuing piecemeal. Witnesses have been giving multiple statements, with each one containing newer material.
The power to arrest a suspect exists only to prevent suspects from fleeing justice, influencing or threatening witnesses and tampering with evidence, or repeating a crime. There is a huge gulf between the power to arrest and the necessity to arrest. It is a disturbing reality that political leaders have been arrested in this case on the basis of statements made by approvers, and not any independent witnesses. The timing of the arrest has also become an issue of substance. That Mr. Kejriwal did not respond to multiple ED summonses may be cited as a reason for his being arrested now rather than months ago. However, this expectation that the accused should “cooperate” with the investigation agency is quite peculiar. Agencies ought to be able to prosecute people without their statements. It is known that Section 50 of the Prevention of Money Laundering Act has been weaponised by the ED to record a statement that is admissible and then record the person’s arrest. Whether non-appearance in response to a summons is a ground for arrest and denial of bail is a question that has arisen in this case. Equally tenable is the question whether arresting serving Chief Ministers through central agencies and keeping them in prison throughout a multi-phase election does not amount to subversion of federalism and democracy.
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"Ballistische Experimente mit kristallinem H2O auf dem Areal pädagogischer Institution unterliegen strengster Prohibition!"
"Ballistische Experimente mit kristallinem H2O auf dem Areal pädagogischer Institution unterliegen strengster Prohibition!" - Frau Strothjohann, 2023
Ballistische Experimente mit kristallinem H2O auf dem Areal pädagogischer Institution unterliegen strengster Prohibition!
Again Jesus began to teach by the lake The crowd that gathered around him was so large that he got into a boat and sat in it out on the lake while all the people were along the shore at the waters edge He taught them many things by parables and in his teaching said Listen A farmer went out to sow his seed
As he was scattering the seed some fell along the path and the birds came and ate it up Some fell on rocky places where it did not have much soil It sprang up quickly because the soil was shallow But when the sun came up the plants were scorched and they withered because they had no root Other seed fell among thorns which grew up and choked the plants so that they did not bear grain Still other seed fell on good soil It came up grew and produced a crop some multiplying thirty some sixty some a hundred times
Then Jesus said Whoever has ears to hear let them hear
When he was alone the Twelve and the others around him asked him about the parables He told them The secret of the kingdom of God has been given to you But to those on the outside everything is said in parables so that
they may be ever seeing but never perceiving and ever hearing but never understanding otherwise they might turn and be forgiven
Then Jesus said to them Dont you understand this parable? How then will you understand any parable?
The farmer sows the word Some people are like seed along the path where the word is sown As soon as they hear it Satan comes and takes away the word that was sown in them Others like seed sown on rocky places hear the word and at once receive it with joy But since they have no root they last only a short time When trouble or persecution comes because of the word they quickly fall away Still others like seed sown among thorns hear the word but the worries of this life the deceitfulness of wealth and the desires for other things come in and choke the word making it unfruitful Others like seed sown on good soil hear the word accept it and produce a crop some thirty some sixty some a hundred times what was sown
He said to them Do you bring in a lamp to put it under a bowl or a bed? Instead dont you put it on its stand? For whatever is hidden is meant to be disclosed and whatever is concealed is meant to be brought out into the open If anyone has ears to hear let them hear
Consider carefully what you hear he continued With the measure you use it will be measured to you—and even more Whoever has will be given more whoever does not have even what they have will be taken from them
He also said This is what the kingdom of God is like A man scatters seed on the ground Night and day whether he sleeps or gets up the seed sprouts and grows though he does not know how All by itself the soil produces grain first the stalk then the head then the full kernel in the head As soon as the grain is ripe he puts the sickle to it because the harvest has come
Again he said What shall we say the kingdom of God is like or what parable shall we use to describe it? It is like a mustard seed which is the smallest of all seeds on earth Yet when planted it grows and becomes the largest of all garden plants with such big branches that the birds can perch in its shade
With many similar parables Jesus spoke the word to them as much as they could understand He did not say anything to them without using a parable But when he was alone with his own disciples he explained everything
That day when evening came he said to his disciples Let us go over to the other side Leaving the crowd behind they took him along just as he was in the boat There were also other boats with him A furious squall came up and the waves broke over the boat so that it was nearly swamped Jesus was in the stern sleeping on a cushion The disciples woke him and said to him Teacher dont you care if we drown?
He got up rebuked the wind and said to the waves Quiet Be still Then the wind died down and it was completely calm
He said to his disciples Why are you so afraid? Do you still have no faith?
They were terrified and asked each other Who is this? Even the wind and the waves obey him
Ciencia que estudia la adaptación del hombre al trabajo y viceversa.
against against against against against
run run run run run
guy guy guy guy guy
about about about about about
case case case case case
question question question question question
work work work work work
night night night night night
live live live live live
game game game game game
number number number number number
write write write write write
bring bring bring bring bring
without without without without without
money money money money money
lot lot lot lot lot
most most most most most
book book book book book
system system system system system
government government government government government
next next next next next
city city city city city
company company company company company
story story story story story
today today today today today
job job job job job
move move move move move
must must must must must
bad bad bad bad bad
friend friend friend friend friend
during during during during during
begin begin begin begin begin
love love love love love
each each each each each
hold hold hold hold hold
different different different different different
american american american american american
little little little little little
before before before before before
ever ever ever ever ever
word word word word word
fact fact fact fact fact
right right right right right
read read read read read
anything anything anything anything anything
nothing nothing nothing nothing nothing
sure sure sure sure sure
small small small small small
month month month month month
program program program program program
maybe maybe maybe maybe maybe
right right right right right
under under under under under
business business business business business
home home home home home
kind kind kind kind kind
stop stop stop stop stop
pay pay pay pay pay
study study study study study
since since since since since
issue issue issue issue issue
name name name name name
idea idea idea idea idea
room room room room room
percent percent percent percent percent
far far far far far
away away away away away
law law law law law
actually actually actually actually actually
large large large large large
though though though though though
provide provide provide provide provide
lose lose lose lose lose
power power power power power
kid kid kid kid kid
war war war war war
understand understand understand understand understand
head head head head head
mother mother mother mother mother
real real real real real
best best best best best
team team team team team
eye eye eye eye eye
long long long long long
long long long long long
side side side side side
water water water water water
young young young young young
wait wait wait wait wait
okay okay okay okay okay
both both both both both
yet yet yet yet yet
after after after after after
meet meet meet meet meet
service service service service service
area area area area area
important important important important important
person person person person person
hey hey hey hey hey
thank thank thank thank thank
one one one one one
us us us us us
any any any any any
those those those those those
very very very very very
her her her her her
need need need need need
back back back back back
there there there there there
should should should should should
even even even even even
only only only only only
many many many many many
really really really really really
work work work work work
life life life life life
why why why why why
right right right right right
down down down down down
on on on on on
try try try try try
let let let let let
something something something something something
too too too too too
call call call call call
woman woman woman woman woman
may may may may may
still still still still still
through through through through through
mean mean mean mean mean
after after after after after
never never never never never
no no no no no
world world world world world
in in in in in
feel feel feel feel feel
yeah yeah yeah yeah yeah
great great great great great
last last last last last
child child child child child
oh oh oh oh oh
over over over over over
ask ask ask ask ask
when when when when when
as as as as as
school school school school school
state state state state state
much much much much much
talk talk talk talk talk
out out out out out
keep keep keep keep keep
leave leave leave leave leave
put put put put put
like like like like like
help help help help help
big big big big big
where where where where where
same same same same same
all all all all all
own own own own own
while while while while while
start start start start start
three three three three three
high high high high high
every every every every every
another another another another another
become become become become become
most most most most most
between between between between between
happen happen happen happen happen
family family family family family
over over over over over
president president president president president
old old old old old
yes yes yes yes yes
house house house house house
show show show show show
again again again again again
student student student student student
so so so so so
seem seem seem seem seem
might might might might might
part part part part part
hear hear hear hear hear
its its its its its
place place place place place
problem problem problem problem problem
where where where where where
believe believe believe believe believe
country country country country country
always always always always always
week week week week week
point point point point point
hand hand hand hand hand
off off off off off
play play play play play
turn turn turn turn turn
few few few few few
group group group group group
such such such such such
the the the the the
be be be be be
and and and and and
a a a a a
of of of of of
to to to to to
in in in in in
i i i i i
you you you you you
it it it it it
have have have have have
to to to to to
that that that that that
for for for for for
do do do do do
he he he he he
with with with with with
on on on on on
this this this this this
n’t n’t n’t n’t n’t
we we we we we
that that that that that
not not not not not
but but but but but
they they they they they
say say say say say
at at at at at
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go go go go go
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get get get get get
she she she she she
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know know know know know
if if if if if
me me me me me
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about about about about about
their their their their their
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time time time time time
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see see see see see
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people people people people people
take take take take take
year year year year year
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want want want want want
how how how how how
when when when when when
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could could could could could
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then then then then then
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look look look look look
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thing thing thing thing thing
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also also also also also
two two two two two
use use use use use
tell tell tell tell tell
good good good good good
first first first first first
man man man man man
day day day day day
find find find find find
give give give give give
more more more more more
new new new new new
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מזח ללא ים היא צורת חיים מוזרה ביותר.
רוב מה שהאדם בורא או יוצר תלוי באש, ורוב ההרס וההשמדה קשורים באש. האש היא ידידה שמביאה חיים, מחטאת ומטהרת, וגם אויב מפחיד. אולי בידיעת האש טמון גם המפתח לידיעת המוות.
צבא, נישואים, כנסייה ובנקים - ארבעת הפרשים של האפוקליפסה.
ברגע שהשמש שוקעת, הכל מחשיך; אל תניח לכך להפתיע אותך.
עדיין לא הוקמה החומה המכריזה: "ברוך בואך, זר!"
הרגלי הוא הכלי החשוב ביותר על לוח השחמט - בעיני הרגלי.
חמישה סימני קריאה, הסימן המובהק למוח מטורף.
היתרון אשר לעברית על לשונות אחרות בהיותה הלבוש הטבעי של היהדות, שבו נולדה וגדלה והאריכה ימים.
אביר נודד בלא אהבה, משול לעץ ללא עלים וללא פרי, ולגוף ללא נשמה.
מן הסתם מישהו העליל על יוזף ק', שכן בוקר אחד נעצר על לא עוול.
יש רגעים מסוימים בחייו של בן-אדם שאין בהם דקות אמיתיות, כך שאי-אפשר לספור אותן.
בכל רחבי העולם, היכן שיש קפיטליסטים, חופש העיתונות פירושו החופש לרכוש אחזקה בעיתונים, לקנות כתבים בכסף, לשחד, לקנות ולזייף "דעת-קהל" לתועלת הבורגנות.
סופר בספרו צריך להיות כמו אלוהים ביקום, נוכח בכל מקום ונראה בשום-מקום.
איזה משוט כבד הא העט, ובאיזה זרם עז על הרעיונות לחתור... כמה נפלא ודאי להיות סופר גדול, להשליך אנשים לתוך מחבת המשפטים שלך ולגרום להם לקפוץ באוויר כמו ערמונים.
אל תקראי כפי שעושים הילדים לשם הנאה, ולא כפי שעושים השאפתניים כדי ללמוד. לא, קראי כדי לחיות.
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Generally – FRCP 23 Considerations: Arises when damages are low because the individual suits would not be worth bringing or defending Plaintiffs in the action are “representatives” of other similarly situated persons, they don’t have legal authority to make litigation decisions and the power shifts to the lawyer who has to make decisions in the best interest for people he has never talked to (all other litigation plaintiffs have the final say but not here).
Process: When the case is filed it is a putative class action. Becomes an actual class action by meeting Rule 23 requirements and the court certifies it. If the court certifies, likely will settle because most of the battle is getting the certification.
SETTING UP CLASS ACTION PROBLEM Generally: (Introduction Sentence) The party seeking the class action bears the burden of establishing the prerequisites in Rule 23(a) and meeting the Requirements of one of the classes under Rule 23(b) for certification. At an early practicable time after a person sues or is sued as a class representative, the court must determine by order whether to certify the action as a class action. (1) Meet the Prerequisites in Rule 23(a); and (2) Satisfying one of the classes under 23(b). TO DO THIS, LOOK TO THE DEFINITION OF THE CLASS ACTION!!
One or more members of a class may sue or be sued as representative parties on behalf of all members only if: Numerosity: The class is so numerous that joinder of all members is impracticable; Commonality: There are questions of law or fact common to the class; Typicality: The claims or defenses of the representative parties are typical of the claims or defenses of the class; and Adequacy: The representative parties will fairly and adequately protect the interests of the class.
Numerosity: The class is so numerous that joinder of all members is impracticable; This is basically a massive joinder. So, there must be so many members that classic joinder isn’t practicable. 100+ = goodLess than 100 = The court will further analyze into whether they should actually have a class action. Less than 40 = No class action. EX: Phillips – had 33,000 plaintiffs clearly meeting numerosity. If you are in a situation where there is less than 100 but more than 40, argue both ways on maybe why it is sufficient, and maybe why not.
Commonality: There are questions of law or fact common to the class;
Persons share characteristics that matter in terms of substantive law. Commonality requires plaintiffs to demonstrate that the class members have suffered the same injury, and violation of the same provision does not necessarily mean the plaintiffs have suffered the same injury. Words you need to include in Analysis: The commonality must be sufficient enough where there is a common contention that a classwide proceeding can generate common answers apt to drive the resolution of litigation. Answering all contentions in “one stroke.”
Walmart – All Title VII but they didn’t suffer the same injury. There was local managers with discretion to decide on the hiring and they don’t allege there was a Walmart policy to discriminate on sex. Where there is commonality: Employer Prejudiced all class members with one biased testing procedure; or Significant proof that the employer operates under a general policy of discrimination & discrimination manifested itself in hiring and promotion practices in the same general fashion.
Typicality: The claims or defenses of the representative parties are typical of the claims or defenses of the class; and
How does the class representative compare to the average class member? Are their claims disproportionately smaller or larger? Do they have more defenses? Do they have more claims? What are their injuries?
EX: Michael is the class representative for a train crash. Michael’s injuries are that he missed work and has lost wages, while most of the class has suffered permanent injuries or death. Michael is not a good representative because he does not have the same incentive and motivation as the average class member.
Adequacy: The representative parties will fairly and adequately protect the interests of the class. Need Adequacy of lawyer and the representative plaintiff.
Adequacy of Plaintiff: Inadequate if pursuing class action to gain leverage for own case. When interests of parties conflict – Representative Plaintiffs interests Conflict: Hansberry – The prior class action involved a group who wanted to enforce a restrictive covenant against blacks in the community. This plaintiff did not want to enforce the restrictive covenant. Clearly, the black plaintiffs were not adequately represented by this class action. They could not be claim precluded from litigating because they were not represented by the class action. (A little different context but, if these were the facts for certification of one class action, it wouldn’t be allowed because the representative plaintiffs’ interests would conflict).
Adequacy of Lawyer:Duty of class counsel to fairly and adequately represent the interests of the class. Thus, the court has to make sure the counsel is able to handle it. If certified, the court must consider counsel under 23(g): The work the counsel has done in identifying or investigating the potential claims in the action. Counsel’s experience in class actions and the type of claim asserted. Counsel’s knowledge of the applicable law. AND Counsel’s resources (do they have money to fund the class. The court may also look at the attorney’s fees.
Once 23(a) has been met, then you must go through 23(b) to determine the type of class action. Remember, you need to work all the way through the problem so don’t ever stop after 23(a) and say “well it doesn’t meet commonality so we are done.”
A class action may be maintained if the requirements in 23(a) are met and if: (choose one of the types of class actions) Class B(1) Class B(2) Class B(3). Each class can be subdivided into a subclass that will be each be treated as a class.
Class b(1): Rule: Prosecuting separate actions would create risk of inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class; Scaled up version of Rule 19 (required joinder) meaning that there are parties that need to be involved in the action so as not to have inconsistent judgments. Notice: The Court may direct appropriate notice to the class. 23(c)(2)(A)EX: Government wants to build a new Angel’s stadium. There must be a class action because too many people have an interest in the outcome. Could lead to inconsistent outcomes if half want the stadium and half don’t want the stadium. Class action of all parties so there isn’t conflicting outcomes.
Class B(2): Rule: The party opposing the class (defendant) has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; The plaintiffs are primarily going to be seeking injunctive relief (not damages) and if monetary relief isn’t incidental, then no certification under this type of class action. Notice: The Court may direct appropriate notice to the class. 23(c)(2)(A) These are usually civil rights actions because one singular injunction could solve the issue. Ask yourself…Could one injunction resolve the situation? It is important that monetary relief is not central, only incidental, because future plaintiffs will be claim precluded from bringing claims and this type of class action doesn’t require an opportunity to “opt out.”EX: Walmart – Tried to certify under this class and included backpay as one of the remedies. However, the court denied because the monetary relied was not incidental and future plaintiffs could not bring litigation for monetary relief and they never had the opportunity to “opt out.”
Class b(3): Rule: The court finds that the questions of law or fact common to the class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertinent to these findings include: Class members’ interests in individually controlling the prosecution or defense of separate actions; If there is interest in individually controlling, then weighs against class action. The extent and nature of any litigation concerning the controversy already has begun by or against class members; Is there already a lot of litigation happening by or against the members? Would the class action even matter? May weigh against the certification. The Desirability or undesirability of concentrating the litigation of the claims in a particular forum; and If undesirable to concentrate, then weighs against. The likely difficulties in managing a class action. If it is difficult to manage then weighs against.
Notice: If this class is certified, the court MUST direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. Must constitutionally follow Mullane (1st semester) which means “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them the opportunity to present their objections.”
Notice Must: Clearly state the nature of the action; The definition of the class; The class claims; Issues or defenses; Give the class members an opportunity to opt out or request exclusion (so they will not be claim precluded). If they do not opt out, they will be bound by the judgment. So long as the class follows Mullane class members who did not actually receive notice are still bound because their interests were adequately represented by those who were notified. This is the class where if monetary damages are the main relief, then Class b(3) (unless they are like required joinder) because it gives the class members an opportunity to opt out. Meaning, they can assert their claims individually if they opt out.
Certification: If 23(a) requirements are met & the putative action constitutes one of the 3 classes, then the class action may be certified.
After Certification – Settlement: If a class is certified, it will most likely settle because most of the battle is getting the certification. The Settlement will be resolving and precluding so there must be court approval.
RULE: The claims, issues, or defenses of a putative class or certified class may be settled only with the court’s approval. A settlement proposal requires: Parties to give the court information to determine whether to give notice of the proposal to the class; and The court to give notice in a reasonable manner to class members bound by the proposal if the court will likely approve the proposal and certify the class.
Approval of settlement proposal will be permitted by the court only after a hearing and only on finding that the terms are fair, reasonable, and adequate. Any class member may object to settlement proposal by stating with specificity the grounds for the objection.
If it is a B(3) class, the court may refuse approval of the settlement unless it affords another opportunity to request exclusion to individual class members who had earlier opportunity to request but did not do so. (Another opportunity to opt out and not be bound by the settlement).
Appealing the Certification: A court of appeals may permit an appeal for granting or denying certification. (1) Must file petition within 14 days after the grant or denial order is entered; and (2) Appeal doesn’t stay the proceeding unless the district judge or court of appeals orders it (so the proceedings will continue).
Jurisdiction – class action 28 USC §1332(d) Remember- Don’t need diversity where there is a federal question. So, classes under B(2) are likely a federal question and you won’t look at this. ONLY look to this when no federal question. RULE: The distric court shall have original jurisdiction of any civil action in which: (1) the matter in controversy exceeds the sum or value of $5,000,000 and (2) Any member of the class of plaintiffs is a citizen of a different state from any of the defendants. (Minimal diversity). The claims of the class members are aggregated to determine whether the matter exceeds $5 million; and Citizenship is determined by the date of filing. Two situations – (1) The court may decline jurisdiction; and (2) The court must decline jurisdiction.
May decline jurisdiction: Rule: The district court may in the interest of justice and looking at the totality of the circumstances, decline jurisdiction over a class action in which greater than 1/3 but less than 2/3 of the members of a proposed plaintiff classes in the aggregate and the primary defendants are citizens of the state in which the action was originally filed based on the consideration of: Whether the claims involve matters of nation or interstate interest; National interest = federal court Whether the claims asserted will be governed by laws of the state in which the action was filed or by laws of other states; Moves needle towards federal court if they are applying different states law than the law of the state in which the action was filed. Whether the class action has been pleaded in a manner that seeks to avoid federal jurisdiction; Plaintiffs trying to keep it out of federal court, more likely it will stay in federal court. Whether the action was brought in a forum with a distinct nexus with the class members, the alleged harm, or the defendants; Where did the harm occur? More likely if it occurred in that state then it should stay in state court. Whether the number of citizens of the state in which the action was originally filed in all proposed plaintiff classes in the aggregate is substantially larger than the number of citizens from any other state, the citizenship of the other members of the proposed class is dispersed among substantial number of states; and Compare the citizens grouping of the state in which it was filed to the other large groupings. Ex: 35% plaintiffs in ND, 6% is the other largest grouping for another state. Then maybe more likely it should stay in ND not federal court. Whether another class action has been filed in the last 3 years.
Must Decline jurisdiction: RULE: The federal court must decline to exercise SMJ over a class action where: (1) Greater than 2/3 of the members of the proposed plaintiff classes in the aggregate are citizens of the state in which the action was originally filed; and (2) At least one defendant is a defendant: From whom significant relief is sought by members of the class; Whose alleged conduct forms a significant basis for the claims asserts; AND (one of these two and all of the below)Who is a citizen of the state in which the action was originally filed; and Principal injuries resulting from the alleged conduct or any related conduct of each defendant were incurred in the state in which the action was originally filed; and During the 3 year period preceding the action, no other class action has been filed asserting the same/similar factual allegations.
Permissive joinder of parties (not required) – 20(a) FRCP 20(a)(1) – Plaintiffs: Persons may join an action as plaintiffs if: They assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and any question of law or fact common to all plaintiffs will arise in the action.
They assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences. Mosley – 10 plaintiffs alleging discrimination charges against their employer. They wanted to bring the action as one because it would be stronger and look more sympathetic to the jury. However, the defendant employer would have been better off if they defended separately because the Ps claims wouldn’t be as strong. Passed this first requirement. Two Options: (1) Right to relief is jointly/severally OR (2) the plaintiffs being added have claims arising out of the same transaction or occurrence.
Any question of law or fact common to all plaintiffs will arise in the action. Mosley – Whether the D’s employment policy was discriminatory is a question of fact common to all of the plaintiffs. Basically, there must be some question of law or fact common to all of the plaintiffs.
FRCP 20(a)(2) – Defendants: Persons—as well as a vessel, cargo, or other property subject to admiralty process in rem—may be joined in one action as defendant if: Any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and any question of law or fact common to all defendants will arise in the action.
Same as above but the claim for relief is asserted (1) against them jointly or severally OR (2) claims against Ds arise out of the same transaction or occurrence. Not necessary for all joint tortfeasors to be named as defendants in a single lawsuit. Joint tortfeasors are permissive parties, so joined here or through impleader (FRCP 14).
Consolidation – FRCP 42 Rule: If actions before the court involve a common question of law or fact, the court may: Join for hearing or trial any or all matters at issue in the actions; Consolidate the actions; or Issue any other orders to avoid unnecessary cost or delay.
Separate Trials: For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims. When ordering a separate trial, the court must preserve any federal right to jury. Basically, when using this rule, the court can still separate certain issues or trials. The court has a lot of discretion.
Third-party claims – impleader – frcp 14Rule: A defending party may, as a third-party plaintiff, serve summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 14 days after serving its original answer (within 14 days of answer or needs permission from court).
Must be derivative liability Meaning, the defendant/third-party plaintiff is saying “If I am liable, then its actually because of your shitty nails.” It CANNOT be “It isn’t me, its him.” Soooo, If the defendant/third-party plaintiff is liable, it is because of the third-party defendant. [Derivative because it arises out of the relationship between the defendant and the impleaded party]. Must pass all or part of the liability on a third party. Defendant will be talking out of both sides of their mouth. EX: “My chicken coop was perfect. But if it wasn’t and it is my fault, then it is because of the third-party defendant’s shitty nails.” Purpose of Rule: If a defendant doesn’t add the third-party and is found liable, then they will bring an action against the would have been third-party for liability. Then, all that defendant (would have been third-party) will do is use the testimony in the first trial of him saying the chicken coop was perfect when the plaintiff is now claiming that the chicken coop was shitty. Additionally, the new plaintiff cannot use issue preclusion to say the chicken coop was shitty because the defendant hasn’t had their day in court.
Third-Party’s Claims (a)(2): The person served with summons and third-party complaint (the third-party defendant) must: Assert any defense against the third-party plaintiff’s claim; May assert any counterclaim against the third-party plaintiff that is permissive under 13(b) or crossclaim under 13(g); May assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff’s claim; and May also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.
Examples:
If the OG claim is between the plaintiff and someone who might of used a defective product, then likely the defendant will be able to implead the manufacturer of the defective product.
If the OG claim is between the plaintiff and a manufacturer of a defective product, the manufacturer cannot bring in as a third-party defendant the individual who used the product because this isn’t derivative anymore. This is “It isn’t me, it is him.”
Temple – Patient v. Manufacturer. The manufacturer couldn’t bring in the doctors and hospitals as a third party defendant because they weren’t trying to claim that if they are liable it is because of the doctors or hospitals negligence. The other way around would be fine. Usually can add a manufacturer but the manufacturer of a defective product usually can’t add someone else.
Compulsory joinder of parties (required joinder) - Rule RULE – FRCP 19(a)(1): A person who is subject to service of process (subject to PJ) and whose joinder will not deprive the court of SMJ must be joined as a party if: In that party’s absence, the court cannot accord complete relief among existing parties; or the person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person’s absence may: As a practical matter impair or impede the person’s ability to protect the interest; orl eave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of their interest.
If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant, or in proper case, an involuntary plaintiff.
1) Without the party the court cannot accord complete relief; or (2) the person has a material interest in the subject of the action. (Shorten version & you should memorize the whole rule).
When Joinder is Not Feasible – FRCP 19(b): (Court lacks jurisdiction) If a person who is required to be joined cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors the court considers includes: Whether the judgment would prejudice the absentee and parties; Whether prejudice could be lessened or avoided by protective provisions in the judgment, shaping the relief or other measures; Whether the judgment would be adequate without the absentee; and Whether another forum can hear the case and give the plaintiff a remedy. See Marvel Characters, Inc. v. Kirby for example of these factors – Finding that the parties were not indispensable parties, and it was appropriate to proceed without them.
Plaudit compliment praise applause acclamation ovation commendation kudos approbation citation encomium eulogy extolment accolade laurels, pejorative ignominy criticism condemnation censure flak harangue diatribe tirade jeremiad calumny opprobrium mortification obloquy rant, Puritanical honest scrupulous ethical conscientious virtuous upright principled prudish priggish aboveboard straightforward forthright righteous, vicious unconscious vulgar unjust corrupt reprobate immoral dishonest, Augment increase accelerate amplify propel aggrandize escalate elevate expedite enhance intensify skyrocket enlarge parlay mount surge soar crescendo burgeon mushroom proliferate boost, decrease abbreviate abridge shorten diminish dwindle decline wane abate truncate curtail taper depreciate attenuate recede mitigate shrink subside ebb bridge, Erudite knowledgeable literate scholarly brainly educated highbrow learned bookish cerebral academic, Uneducated ignorant illiterate unlettered benighted unscholarly.
Morality concerns itself with the goodness or badness of your character and the rightness or wrongness of decisions. Lots of decisions are moral decisions, but cleaning your car reguarly is not on of them. You can be a fully functioning, fully successful, happy, kind, generous, adult and never be very good at cleaning your dishes in a timely manner or have an organised home.
