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Class Action Lawsuit against Ralph's Doughnuts: Common Law Fraud and Certification, Exams of Civil procedure

A class action lawsuit brought against ralph's doughnuts by the law firm adams, baker and carr on behalf of jim bob and a class of customers who purchased doughnuts in response to a coupon offer. The lawsuit alleges common law fraud and seeks certification under rule 23(b)(3). The attorney for ralph's doughnuts argues against certification based on various grounds, including improper class definition, lack of commonality and typicality, inadequate representation, unfulfillable notice requirements, conflicts of law, individual reliance, unmanageability, and impossibility of monetary recovery.

Typology: Exams

2012/2013

Uploaded on 03/21/2013

luucky
luucky 🇮🇳

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Download Class Action Lawsuit against Ralph's Doughnuts: Common Law Fraud and Certification and more Exams Civil procedure in PDF only on Docsity! Spring 2000 Final Exam (Civil Procedure B) FINAL EXAMINATION Civil Procedure B Spring 2000 Mr. Brill 1. a) Question 1 is worth 20 points. 20 points b) Questions 2 is worth 10 points. 10 points c) The multiple choice questions are worth 40. 40 points d) Karen and Tom Morton v. Dillard's Department Store, Inc. 30 points 100 points 2. This examination is designed for three hours. However, you may have three and one-half hours to answer it. The additional time is to permit better organization, more careful thinking and neater handwriting. (No credit is given for illegible answers.) The questions will be graded on the quality of analysis, thought and conclusions, not on the number of words. 3. Read the essay question carefully. Particularly note whether you are to be a judge, advocate, adviser or dispassionate scholar. 4. The multiple choice questions are to be answered on the scantron. Failure to `return` the multiple choice questions will result in failure in the course. 5. You may use the Supplement and 25 pages of written materials to complete this examination. 6. Your grade on the essay questions is based upon the context of your answers and the manner in which you communicate your knowledge. Grades may be lowered for essays that so violate fundamental rules of grammar and style that the reader's ability to comprehend the content is impaired. 7. In answering the essay questions: a) You may answer the questions in any order you wish. b) Begin the answer to each question on a new page of the bluebook. c) Write on each line, but only on one side of the page. (The other page may be used for corrections and belated additions to your answer.) d) On the front of each bluebook, put the number of each question answered within. 8. Turn your bluebooks, multiple choice questions, scantrons, pencils and qualification sheets in at Room 326 by 5:00 p.m. 9. You may keep the essay questions. 1. Jim Bob clipped a coupon from his Springdale newspaper that said "Buy a dozen doughnuts on Sunday, April 9, 2000, get another dozen free." He went to Ralph's Doughnuts, the local outlet of a regional chain of 30 doughnut shops spread across Arkansas, Missouri, Oklahoma and Kansas. Ralph's is incorporated in Missouri and has its principal place of business in Kansas City. The ad appeared (for the first and only time) in local papers near all 30 shops. At the Springdale store (and at the other stores) approximately 50 dozen doughnuts are sold each Sunday. The doughnuts looked scrumptious -- creamy, jelly, fruity, powdery, buttery, fudgey, nutty and fluffy. Jim Bob bought a dozen for $3.50 and asked for his free dozen (which he planned to take to his Sunday School class). But in `return` he received a coupon that entitled him to a dozen the next time he came in. The manager refused to honor the coupon "today". The manager stated that corporate headquarters had informed him "to require the customer to `return` on another day to get the free dozen."
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