Multistate Bar (MBE) OPE 2 Practice Exam

The key idea is that certification under Rule 23 hinges on a shared issue among all class members. There must be a common contention—an issue of fact or law—that is central to every member’s claim and that can be resolved through one class-wide determination. This commonality ensures the suit will be more efficient and that named plaintiffs can adequately represent the interests of the whole group. Jurisdiction isn’t a class-certification criterion; it’s about the court’s authority to hear the case. Standing concerns who may sue in the first place, not whether a class can be certified. Damages aren’t required for certification—the class can be certified even if damages vary or are difficult to prove on an individual basis. The essential requirement for certification is the presence of a common issue binding all class members.