ND Bar Practice Questions - North Dakota Bar Examination Exam

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Under N.D.R.Civ.P. 23, a plaintiff seeks to certify a damages class. Which requirement, in addition to numerosity, commonality, typicality, and adequacy, must be satisfied for a Rule 23(b)(3) class?

That the class seeks only injunctive relief That the defendant has acted on grounds generally applicable to the class That every class member individually consents in writing That common questions predominate and a class action is superior to other methods

Correct Answer:

That common questions predominate and a class action is superior to other methods

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