This ppt is intended as a way of revision, for students of Legal English. It contains the following concepts: Class Actions. Closing Arguments. Memo. (memo giving advice and other kinds of memos). The level of English should be upper intermediate. It aims to an ILEC class. (Cambridge English- legal).

1. CLASS
ACTIONS.

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