A class action , also known as a class action lawsuit , class suit , or representative action , is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly an American phenomenon, but Canada, as well as several European countries with civil law , have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers.
210-412: In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, in which the plaintiffs sue one or more defendants, and all of the parties are present in court. For example, a group in a class action lawsuit could be any person who ever bought a specific dangerous product; in a traditional lawsuit,
420-412: A Saxon culture in the south, with local groups establishing regiones , small polities ruled over by powerful families and individuals. By the 7th century, some rulers, including those of Wessex , East Anglia , Essex , and Kent , had begun to term themselves kings, living in villae regales , royal centres, and collecting tribute from the surrounding regiones ; these kingdoms are often referred to as
630-454: A Crusade never actually left, often because the individual lacked sufficient funds to undertake the journey. Raising funds to travel typically involved crusaders selling or mortgaging their lands and possessions, which affected their families and, at times, considerably affected the economy as a whole. England had a diverse geography in the medieval period, from the Fenlands of East Anglia or
840-536: A bid to regain these possessions. John's efforts to raise revenues, combined with his fractious relationships with many of the English barons, led to confrontation in 1215, an attempt to restore peace through the signing of Magna Carta , and finally the outbreak of the First Barons' War . John died having fought the rebel barons and their French backers to a stalemate, and royal power was re-established by barons loyal to
1050-420: A civil action is commenced by filing a complaint with the court. Rule 4 deals with procedure for issuance of a summons , when the complaint is filed, and for the service of the summons and complaint on the defendants. Rule 5 requires that all papers in an action be served on all parties and be filed with the court. Rule 6 deals with technical issues, which concern the computation of time, and authorizes
1260-417: A claim or defense alternatively or hypothetically." If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. A party may state inconsistent (even mutually exclusive) claims or defenses. In addition to notice pleading, a minority of states ( e.g. , California ) use an intermediate system known as code pleading , which is a system older than notice pleading and which
1470-419: A class action ensures that all plaintiffs receive relief and that early-filing plaintiffs do not raid the fund (i.e., the defendant ) of all its assets before other plaintiffs may be compensated. See Ortiz v. Fibreboard Corp. , 527 U.S. 815 (1999). A class action in such a situation centralizes all claims into one venue where a court can equitably divide the assets amongst all the plaintiffs if they win
1680-624: A class of which the defendant is a member. Landeros v. Flood (1976) was a landmark case decided by the California Supreme Court that aimed at purposefully changing the behavior of doctors, encouraging them to report suspected child abuse. Otherwise, they would face the threat of civil action for damages in tort proximately flowing from the failure to report the suspected injuries. Previously, many physicians had remained reluctant to report cases of apparent child abuse, despite existing law that required it. Fourth, in "limited fund" cases,
1890-441: A class settlement. The ruling was a response to an objector who claimed Rule 23 required that the fee petition be filed before the time frame for class member objections to be filed; and payments to the class representative violates doctrine from two US Supreme Court cases from the 1800s. As of 2010, there was no publicly maintained list of nonsecurities class-action settlements, although a securities class-action database exists in
2100-886: A clear identity within English society, and professional groups with a distinct identity, such as lawyers, engaged in open fighting with others in cities such as London. The Jewish community played an important role in England throughout much of the period. The first Jews arrived in England in the aftermath of the Norman invasion, when William the Conqueror brought over wealthy members of the Rouen community in Normandy to settle in London. The Jewish community expanded out across England and provided essential money-lending and banking services that were otherwise banned by
2310-436: A company could effectively supplement direct government regulation of securities markets and other similar markets. The second development was the rise of the civil rights movement , environmentalism and consumerism . The groups behind these movements, as well as many others in the 1960s, 1970s and 1980s, all turned to class actions as a means for achieving their goals. For example, a 1978 environmental law treatise reprinted
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#17328510898552520-506: A company specializing in the funding and management of litigation in Australia and New Zealand. It was the biggest class-action suit in New Zealand history. The Austrian Code of Civil Procedure ( Zivilprozessordnung – ZPO) does not provide for a special proceeding for complex class-action litigation. However, Austrian consumer organizations ( Verein für Konsumenteninformation (VKI) and
2730-641: A concern. England became dominated by the Godwin family , who had taken advantage of the Danish killings to acquire huge wealth. When Edward died in 1066, Harold Godwinson claimed the throne, defeating his rival Norwegian claimant, Harald Hardrada , at the battle of Stamford Bridge . In 1066, William, Duke of Normandy , took advantage of the English succession crisis to begin the Norman Conquest . With an army of Norman followers and mercenaries, he defeated Harold at
2940-541: A consequence of inheritance arrangements, marriage settlements and church purchases. In the 11th century, the royal position worsened further, as the ealdormen rapidly built up huge new estates, making them collectively much more powerful than the king—this contributed to the political instability of the final Anglo-Saxon years. As time went by, the position of the churls deteriorated, as their rights were slowly eroded and their duties to their lords increased. The kingdom of Wessex, which eventually laid claim to England as
3150-453: A consolidated mass action against the pharmaceutical giant in the State of California. This opinion may arguably render nationwide mass action and class action impossible in any single state besides the defendant's home state. In 2020, the 11th Circuit Court of Appeals found incentive awards are impermissible. Incentive awards are a relatively modest payment made to class representatives as part of
3360-812: A contract or its clauses may be revoked. In two major 21st-century cases, the Supreme Court ruled 5–4 against certification of class actions due to differences in each individual members' circumstances: first in Wal-Mart v. Dukes (2011) and later in Comcast Corp. v. Behrend (2013). Companies may insert the phrase "may elect to resolve any claim by individual arbitration" into their consumer and employment contracts to use arbitration and prevent class-action lawsuits. Rejecting arguments that they violated employees' rights to collective bargaining, and that modestly-valued consumer claims would be more efficiently litigated within
3570-504: A counterclaim, or it must relate to the property in the original suit. Rule 14 allows parties to bring in other third parties to a lawsuit. Rule 15 allows pleadings to be amended or supplemented. Plaintiffs may amend once before an answer is filed, a defendant can amend once within 21 days of serving an answer, and if there is no right to amend, seek leave of court ("leave shall be given when justice so requires.") Rules 17 to 25. Rule 17 states that all actions must be prosecuted in
3780-509: A coup, led by Isabella's son Edward III , in 1330. Like his grandfather, Edward III took steps to restore royal power, but during the 1340s the Black Death arrived in England. The losses from the epidemic, and the recurring plagues that followed it, significantly affected events in England for many years to come. Meanwhile, Edward, under pressure from France in Aquitaine, made a challenge for
3990-525: A coupon for future services or products with the defendant company) are a way for a defendant to forestall major liability by precluding many people from litigating their claims separately, to recover reasonable compensation for the damages. However, existing law requires judicial approval of all class-action settlements, and in most cases, class members are given a chance to opt out of class settlement, though class members, despite opt-out notices, may be unaware of their right to opt-out because they did not receive
4200-720: A group basis. Supporters (mostly pro-business) of the high court's ruling argue its holding is consistent with private contract principles. Many of those supporters had long-since argued that class action procedures were generally inconsistent with due process mandates and unnecessarily promoted litigation of otherwise small claims—thus heralding the ruling's anti-litigation effect. In 2017, the US Supreme Court issued its opinion in Bristol-Meyer Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), holding that over five hundred plaintiffs from other states cannot bring
4410-550: A large number of plaintiffs, independent of class action procedures. For instance, under Ontario's Condominium Act, a condominium 's governing corporation may launch a lawsuit on behalf of the owners for damage to the condominium's common elements, even though the corporation does not own the common elements. The largest class action suit in Canada was settled in 2005 after Nora Bernard initiated efforts that led to an estimated 79,000 survivors of Canada's residential school system suing
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#17328510898554620-537: A local rule of court. The Federal Court of Canada permits class actions under Part V.1 of the Federal Courts Rules. Legislation in Saskatchewan , Manitoba , Ontario , and Nova Scotia expressly or by judicial opinion has been read to allow for what are informally known as national "opt-out" class actions, whereby residents of other provinces may be included in the class definition and potentially be bound by
4830-423: A multitude of persons may sue on behalf of, or for the benefit of, all persons "with the same interest in the subject matter of a proceeding". The presence and expansion of litigation funders have been playing a significant role in the emergence of class actions in New Zealand. For example, the "Fair Play on Fees" proceedings in relation to penalty fees charged by banks were funded by Litigation Lending Services (LLS),
5040-494: A pantheon of gods including Odin , Thor and Ullr , combined with a belief in a final, apocalyptic battle called Ragnarok . The Norse settlers in England were converted relatively quickly, assimilating their beliefs into Christianity in the decades following the occupation of York, which the Archbishop had survived. The process was largely complete by the early 10th century and enabled England's leading Churchmen to negotiate with
5250-514: A parallel class action for residents of other provinces. The first court to certify will generally exclude residents of provinces whose courts have certified a parallel class action. However, in the Vioxx litigation, two provincial courts certified overlapping class actions whereby Canadian residents were class members in two class actions in two provinces. Both decisions are under appeal. Other legislation may provide for representative actions on behalf of
5460-500: A party for any reason, such as lack of jurisdiction, inability to be located, etc., then the court uses the criteria in subsection (b) to determine if the absent party is "indispensable". If so, the action must be dismissed. Rule 20 Permissive Joinder of Parties. Joinder of parties at common law was controlled by the substantive rules of law, often as reflected in the forms of action, rather than by notions of judicial economy and trial convenience. Permissive joinder of plaintiffs allows
5670-468: A plaintiff bringing a trespass suit would have to mention certain key words in his complaint or risk having it dismissed with prejudice. In contrast, the FRCP is based upon a legal construction called notice pleading , which is less formal, is created and modified by legal experts, and is far less technical in requirements. In notice pleading, the same plaintiff bringing suit would not face dismissal for lack of
5880-444: A plaintiff seeks to assert a right belonging to a corporation (or similar entity) in which the plaintiff is a shareholder, on behalf of the corporation that is not pursuing the claim itself. Rule 23.2 governs actions by or against unincorporated associations. Rules 26 to 37. Title V covers the rules of discovery . Modern civil litigation is based upon the idea that the parties should not be subject to surprises at trial. Discovery
6090-410: A public company may have losses too small to justify separate lawsuits, but a class action can be brought efficiently on behalf of all shareholders. Perhaps even more important than compensation is that class treatment of claims may be the only way to impose the costs of wrongdoing on the wrongdoer, thus deterring future wrongdoing. Third, class-action cases may be brought to purposely change behavior of
6300-466: A result of intermarriage and cohabitation. By the end of the 12th century, and possibly as early as the 1150, contemporary commentators believed the two peoples to be blending, and the loss of the Duchy in 1204 reinforced this trend. The resulting society still prized wider French cultural values, however, and French remained the language of the court, business and international affairs, even if Parisians mocked
6510-416: A right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 127 S.Ct. 1955 (No. 05-1126) (2007) (citations, internal quotation marks and footnote omitted). 12(b)(6) is the second of three procedural "hurdles" a cause of action must surmount before it gets to a trial (the first are
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6720-466: A scarce workforce. Statute of Labourers 1351 was introduced to limit wages and to prevent the consumption of luxury goods by the lower classes, with prosecutions coming to take up most of the legal system's energy and time. A poll tax was introduced in 1377 that spread the costs of the war in France more widely across the whole population. The tensions spilled over into violence in the summer of 1381 in
6930-608: A shrine or a particular church, either to do penance for a perceived sin, or to seek relief from an illness or other condition. Some pilgrims travelled further, either to more distant sites within Britain or, in a few cases, onto the continent. During the Anglo-Saxon period, many shrines were built on former pagan sites which became popular pilgrimage destinations, while other pilgrims visited prominent monasteries and sites of learning. Senior nobles or kings would travel to Rome , which
7140-491: A significant decline in spoliation rulings in subsequent years. Federal procedure also requires parties to divulge certain information without a formal discovery request, in contrast to many state courts where most discovery can only be had by request. Information covered by this initial disclosure is found in Rule 26(a)(1)(A), includes information about potential witnesses, information/copies about all documents that may be used in
7350-515: A significant reduction of overall costs. The Austrian Supreme Court , in a judgment, confirmed the legal admissibility of these lawsuits under the condition that all claims are essentially based on the same grounds. The Austrian Parliament unanimously requested the Austrian Federal Minister for Justice to examine the possibility of new legislation providing for a cost-effective and appropriate way to deal with mass claims. Together with
7560-503: A single proceeding through the efforts of the representative plaintiff(s) and appointed class counsel. The antecedent of the class action was what modern observers call "group litigation," which appears to have been quite common in medieval England from about 1200 onward. These lawsuits involved groups of people either suing or being sued in actions at common law . These groups were usually based on existing societal structures like villages, towns, parishes, and guilds. Unlike modern courts,
7770-514: A small minority of federal civil cases to the majority of them. At the end of 2018, for the first time ever, more than half of all pending federal civil actions had been centralized into MDLs. In other words, over half of all federal civil actions were not actually being litigated under the FRCP, but under ad hoc procedures crafted by federal district judges to manage complex civil litigation. In response to these developments, many attorneys representing both plaintiffs and defendants have argued that
7980-593: A standing law court in Westminster—an early Common Bench —and travelling judges conducting eyres around the country. King John extended the royal role in delivering justice, and the extent of appropriate royal intervention was one of the issues addressed in the Magna Carta of 1215. The emerging legal system reinvigorated the institution of serfdom in the 13th century by drawing an increasingly sharp distinction between freemen and villeins. Many tensions existed within
8190-443: A succession of bishops reduced the role of queens and their households in formal government. Married or widowed noblewomen remained significant cultural and religious patrons and played an important part in political and military events, even if chroniclers were uncertain if this was appropriate behaviour. As in earlier centuries, most women worked in agriculture, but here roles became more clearly gendered, with ploughing and managing
8400-502: A system called hidage . The Anglo-Saxon kings built up a set of written laws, issued either as statutes or codes, but these laws were never written down in their entirety and were always supplemented by an extensive oral tradition of customary law. In the early part of the period local assemblies called moots were gathered to apply the laws to particular cases; in the 10th century these were replaced by hundred courts , serving local areas, and shire moots dealing with larger regions of
8610-441: A way to uniformly settle all of the many claims brought via a mass action. Some states permit plaintiff's counsel to settle for all the mass action plaintiffs according to a majority vote, for example. Other states, such as New Jersey, require each plaintiff to approve the settlement of that plaintiff's own individual claims. Class actions were recognized in "Halabi" leading case ( Supreme Court , 2009). Class actions became part of
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8820-428: A whole, evolved a centralised royal administration. One part of this was the king's council, the witenagemot , comprising the senior clergy, ealdormen , and some of the more important thegns ; the council met to advise the king on policy and legal issues. The royal household included officials, thegns and a secretariat of clergy which travelled with the king, conducting the affairs of government as it went. Under
9030-479: Is a sort of "mission statement" for the FRCP; Rule 1 states that the rules "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action." Rule 2 unifies the procedure of law and equity in the federal courts by specifying that there shall be one form of action, the " civil action ". Rules 3 to 6. Title II covers commencement of civil suits and includes filing, summons, and service of process . Rule 3 provides that
9240-439: Is attributable to the award of the coupons shall be based on the value to class members of the coupons that are redeemed". 28 U.S.C.A. 1712(a). A common critique is that class actions are a form of judicially sanctioned extortion . The extortion thesis was first articulated by law professor Milton Handler , who published a famous law review article in 1971 calling the class action a form of "legalized blackmail". It has garnered
9450-400: Is available against defendant classes at all. In a class action, the plaintiff seeks court approval to litigate on behalf of a group of similarly situated persons. Not every plaintiff looks for or could obtain such approval. As a procedural alternative, plaintiff's counsel may attempt to sign up every similarly situated person that counsel can find as a client. Plaintiff's counsel can then join
9660-410: Is based upon legislative statute . It tends to straddle the gulf between obsolete common-law pleading and modern notice pleading. Code pleading places additional burdens on a party to plead the "ultimate facts" of its case, laying out the party's entire case and the facts or allegations underlying it. Notice pleading, by contrast, simply requires a "short and plain statement" showing only that the pleader
9870-455: Is entitled to relief . (FRCP 8(a)(2)). One important exception to this rule is that, when a party alleges fraud , it must plead the facts of the alleged fraud with particularity. (FRCP 9(b)). Rule 10 describes what information should be in the caption (the front page) of a pleading, but does not explain how such information should actually be organized in the caption. The FRCP is notoriously vague on how papers should be formatted. Most of
10080-461: Is the process whereby civil litigants seek to obtain information both from other parties and from non parties (or third parties). Parties have a series of tools with which they can obtain information: FRCP Rule 37 oversees the possible sanctions that someone may seek if a failure to preserve data takes place and outlines how courts may apply sanctions or remedial measures. Updates to FRCP Rule 37 went into effect on December 1, 2015, and have led to
10290-509: Is their banking institution. In such cases, the judge can skip the compensatory stage and order redress directly. Since 2005 more than 100 cases have been filed, mostly by Servicio Nacional del Consumidor [SERNAC], the Chilean consumer protection agency. Salient cases have been Condecus v. BancoEstado and SERNAC v. La Polar . Medieval England England in the Middle Ages concerns
10500-698: The Angevin Empire . Henry reasserted royal authority and rebuilt the royal finances, intervening to claim power in Ireland and promoting the Anglo-Norman colonisation of the country. Henry strengthened England's borders with Wales and Scotland, and used the country's wealth to fund a long-running war with his rivals in France, but arrangements for his succession once again proved problematic. Several revolts broke out, led by Henry's children who were eager to acquire power and lands, sometimes backed by France, Scotland and
10710-473: The Anglo-Saxons , producing epic poems such as Beowulf and sophisticated metalwork . The Anglo-Saxons converted to Christianity in the 7th century, and a network of monasteries and convents were built across England. In the 8th and 9th centuries, England faced fierce Viking attacks, and the fighting lasted for many decades. Eventually, Wessex was established as the most powerful kingdom and promoted
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#173285108985510920-781: The Austrian Ministry for Social Security, Generations and Consumer Protection , the Justice Ministry opened the discussion with a conference held in Vienna in June 2005. With the aid of a group of experts from many fields, the Justice Ministry began drafting the new law in September 2005. With the individual positions varying greatly, a political consensus could not be reached. Provincial laws in Canada allow class actions. All provinces permit plaintiff classes and some permit defendant classes. Quebec
11130-475: The Battle of Hastings on 14 October 1066 and rapidly occupied the south of England. William used a network of castles to control the major centres of power, granting extensive lands to his main Norman followers and co-opting or eliminating the former Anglo-Saxon elite. Major revolts followed, which William suppressed before intervening in the north-east of England, establishing Norman control of York and devastating
11340-467: The Canadian government . The settlement amounted to upwards of $ 5 billion. Chile approved class actions in 2004. The Chilean model is technically an opt-out issue class action, followed by a compensatory stage which can be collective or individual. This means that the class action is designed to declare the defendant generally liable with erga omnes effects if and only if the defendant is found liable, and
11550-465: The Cistercians reached England, creating houses with a more austere interpretation of the monastic rules and building the great abbeys of Rievaulx and Fountains . By 1215, there were over 600 monastic communities in England, but new endowments slowed during the 13th century, creating long-term financial problems for many institutions. The Dominican and Franciscan friars arrived in England during
11760-566: The Class Action Fairness Act of 2005 , passed by the United States Congress, found: Class-action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm. There are several criticisms of class actions. The preamble to
11970-572: The Domesday Book , produced in 1086. Changes in other areas soon began to be felt. The method of government after the conquest can be described as a feudal system , in that the new nobles held their lands on behalf of the king; in return for promising to provide military support and taking an oath of allegiance, called homage , they were granted lands termed a fief or an honour . Major nobles in turn granted lands to smaller landowners in return for homage and further military support, and eventually
12180-507: The Federal Rules of Civil Procedure . A major revision of the FRCP in 1966 radically transformed Rule 23, made the opt-out class action the standard option, and gave birth to the modern class action. Entire treatises have been written since to summarize the huge mass of law that sprang up from the 1966 revision of Rule 23. Just as medieval group litigation bound all members of the group regardless of whether they all actually appeared in court,
12390-574: The Hundred Years' War . At times England enjoyed huge military success, with the economy buoyed by profits from the international wool and cloth trade, but by 1450 the country was in crisis, facing military failure in France and an ongoing recession. More social unrest broke out, followed by the Wars of the Roses , fought between rival factions of the English nobility. Henry VII 's victory in 1485 conventionally marks
12600-485: The Little Ice Age ; by the 14th century spring temperatures had dropped considerably, reaching their coldest in the 1340s and 1350s. This cold end to the Middle Ages significantly affected English agriculture and living conditions. Even at the start of the Middle Ages the English landscape had been shaped by human occupation over many centuries. Much woodland was new, the result of fields being reclaimed by brush after
12810-481: The Medieval Warm Period , a prolonged period of warmer temperatures; in the early 13th century, for example, summers were around 1 °C warmer than today and the climate was slightly drier. These warmer temperatures allowed poorer land to be brought into cultivation and for grapevines to be cultivated relatively far north. The Warm Period was followed by several centuries of much cooler temperatures, termed
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#173285108985513020-631: The Order of the Garter ), grand tournaments and round table events. Society and government in England in the early 14th century were challenged by the Great Famine and the Black Death. The economic and demographic crisis created a sudden surplus of land, undermining the ability of landowners to exert their feudal rights and causing a collapse in incomes from rented lands. Wages soared, as employers competed for
13230-422: The declaratory judgment can be used then to pursue damages in the same procedure or in individual ones in different jurisdictions. If the latter is the case, the liability cannot be discussed, but only the damages. There under the Chilean procedural rules, one particular case works as an opt-out class action for damages. This is the case when defendants can identify and compensate consumers directly, i.e. because it
13440-477: The entire text of Rule 23 and mentioned "class actions" 14 times in its index. Businesses targeted by class actions for inflicting massive aggregate harm have sought ways to avoid class actions altogether. In the 1990s, the US Supreme Court issued several decisions that strengthened the "federal policy favoring arbitration ". In response, lawyers have added provisions to consumer contracts of adhesion called "collective action waivers", which prohibit those signing
13650-510: The history of England during the medieval period , from the end of the 5th century through to the start of the early modern period in 1485. When England emerged from the collapse of the Roman Empire , the economy was in tatters and many of the towns abandoned. After several centuries of Germanic immigration, new identities and cultures began to emerge, developing into kingdoms that competed for power. A rich artistic culture flourished under
13860-554: The liturgy , combined with the abuses of wealth within the Church and the role of senior churchmen in government, distracted from that study. A loose movement that included many members of the gentry pursued these ideas after Wycliffe's death in 1384 and attempted to pass a Parliamentary bill in 1395: the movement was rapidly condemned by the authorities and was termed " Lollardy ". The English bishops were charged to control and counter this trend, disrupting Lollard preachers and to enforcing
14070-453: The loss of Normandy . The 14th century in England saw the Great Famine and the Black Death , catastrophic events that killed around half of England's population, throwing the economy into chaos, and undermining the old political order. Social unrest followed, resulting in the Peasants' Revolt of 1381, while the changes in the economy resulted in the emergence of a new class of gentry , and
14280-529: The pogroms carried out against Jewish communities in the reign of Richard I. After an initially peaceful start to John's reign, the king again began to extort money from the Jewish community and, with the breakdown in order in 1215, the Jews were subject to fresh attacks. Henry III restored some protection and Jewish money-lending began to recover. Despite this, the Jewish community became increasingly impoverished and
14490-580: The usury laws . During the 12th century, the Jewish financial community grew richer still, operating under royal protection and providing the king with a source of ready credit. All major towns had Jewish centres, and even the smaller towns saw visits by travelling Jewish merchants. Towards the end of Henry II's reign, however, the king ceased to borrow from the Jewish community and instead turned to extracting money from them through arbitrary taxation and fines. The Jews became vilified and accusations were made that they conducted ritual child murder , encouraging
14700-460: The 1220s, establishing 150 friaries by the end of the 13th century; these mendicant orders rapidly became popular, particularly in towns, and heavily influenced local preaching. The religious military orders that became popular across Europe from the 12th century onwards acquired possessions in England, including the Templars , Teutons and Hospitallers . The Church had a close relationship with
14910-427: The 12th and 13th centuries, fueling an expansion of the towns, cities, and trade, helped by warmer temperatures across Northern Europe. A new wave of monasteries and friaries was established while ecclesiastical reforms led to tensions between successive kings and archbishops . Despite developments in England's governance and legal system , infighting between the Anglo-Norman elite resulted in multiple civil wars and
15120-410: The 5th and 6th centuries, establishing small farms and settlements, and their language, Old English , swiftly spread as more settlers arrived and those of the previous inhabitants who had not moved west or to Brittany switched from Common Brittonic and British Latin to the migrants' language. New political and social identities emerged, including an Anglian culture in the east of England and
15330-571: The 5th century. The collapse of the Roman system in the late 5th century, however, brought about the end of formal Christian religion in the east of England, and the new Germanic immigrants arrived with their own polytheistic gods, including Woden , Thunor and Tiw , still reflected in various English place names. Despite the resurgence of paganism in England, Christian communities still survived in more western areas such as Gloucestershire and Somerset . The movement towards Christianity began again in
15540-583: The 630s and 640s, and the wave of change carried on through the middle of the 7th century across the kingdoms of Mercia, the South Saxons and the Isle of Wight . The process was largely complete by the end of the 7th century, but left a confusing and disparate array of local practices and religious ceremonies. This new Christianity reflected the existing military culture of the Anglo-Saxons: as kings began to convert in
15750-420: The 6th and 7th centuries, conversion began to be used as a justification for war against the remaining pagan kingdoms, for example, while Christian saints were imbued with martial properties. The Viking invasions of the 8th and 9th centuries reintroduced paganism to North-East England, leading in turn to another wave of conversion. Indigenous Scandinavian beliefs were very similar to other Germanic groups, with
15960-454: The 6th century, however, these different groups began to coalesce into stratified societies across England, roughly corresponding to the later Angle and Saxon kingdoms recorded by Bede in the 8th century. By the 9th century, the term the Angelcynn was being officially used to refer to a single English people, and promoted for propaganda purposes by chroniclers and kings to inspire resistance to
16170-635: The Anarchy . Matilda's son, Henry , finally agreed to a peace settlement at Winchester and succeeded as king in 1154. Henry II was the first of the Angevin rulers of England, so-called because he was also the Count of Anjou in Northern France. Henry had also acquired the huge duchy of Aquitaine by marriage, and England became a key part of a loose-knit assemblage of lands spread across Western Europe, later termed
16380-588: The Archdiocese's churches were cited as a defendant class. This was done to include their assets (local churches) in any settlement. Where both the plaintiffs and the defendants have been organized into court-approved classes, the action is called a bilateral class action. In the United States, only a few hundred defendant class actions have been filed (mostly in securities cases and constitutional challenges), and circuit courts are split as to whether injunctive relief
16590-691: The Australian legal landscape only when the Federal Parliament amended the Federal Court of Australia Act in 1992 to introduce "representative proceedings", the equivalent of the American "class actions". Likewise, class actions appeared slowly in the New Zealand legal system. However, a group can bring litigation through the action of a representative under the High Court Rules which provide that one or
16800-521: The Black Prince , were heavily involved in campaigning in France and administering the new continental territories. Edward's grandson, the young Richard II , faced political and economic problems, many resulting from the Black Death, including the Peasants' Revolt that broke out across the south of England in 1381. Over the coming decades, Richard and groups of nobles vied for power and control of policy towards France until Henry of Bolingbroke seized
17010-607: The Class Action Fairness Act stated that some abusive class actions have harmed class members possessing legitimate claims and defendants acting responsibly; have adversely affected interstate commerce; and have undermined public respect for the country's judicial system. Class members often receive little or no benefit from class actions. Examples cited for this include large fees for the attorneys, while leaving class members with coupons or other awards of little or no value; unjustified awards are made to certain plaintiffs at
17220-468: The Conqueror and his successors took over the existing state system, repressing local revolts and controlling the population through a network of castles . The new rulers introduced a feudal approach to governing England, eradicating the practice of slavery , but creating a much wider body of unfree labourers called serfs . The position of women in society changed as laws regarding land and lordship shifted. England's population more than doubled during
17430-444: The Conqueror acquired the support of the Church for the invasion of England by promising ecclesiastical reform. William promoted celibacy amongst the clergy and gave ecclesiastical courts more power, but also reduced the Church's direct links to Rome and made it more accountable to the king. Tensions arose between these practices and the reforming movement of Pope Gregory VII , which advocated greater autonomy from royal authority for
17640-605: The Continent. A reformed network of around 40 monastic institutions across the south and east of England, under the protection of the king, helped re-establish royal control over the reconquered Danelaw. The 1066 Norman conquest brought a new set of Norman and French churchmen to power; some adopted and embraced aspects of the former Anglo-Saxon religious system, while others introduced practices from Normandy. Extensive English lands were granted to monasteries in Normandy, allowing them to create daughter priories and monastic cells across
17850-521: The Danelaw, and by the 950s and the reigns of Eadred and Edgar , York was finally permanently retaken from the Vikings. The West Saxon rulers were now kings of the Angelcynn , that is of the whole English folk. With the death of Edgar, however, the royal succession became problematic. Æthelred took power in 978 following the murder of his brother Edward , but England was then invaded by Sweyn Forkbeard ,
18060-647: The Danes at the Battle of Edington , and he exploited the fear of the Viking threat to raise large numbers of men and using a network of defended towns called burhs to defend his territory and mobilise royal resources. Suppressing internal opposition to his rule, Alfred contained the invaders within a region known as the Danelaw . Under his son, Edward the Elder , and his grandson, Æthelstan , Wessex expanded further north into Mercia and
18270-432: The Danish invasions. The Normans and French who arrived after the conquest saw themselves as different from the English. They had close family and economic links to the Duchy of Normandy, spoke Norman French and had their own distinctive culture. For many years, to be English was to be associated with military failure and serfdom. During the 12th century, the divisions between the English and Normans began to dissolve as
18480-412: The Danish kings, a bodyguard of housecarls also accompanied the court. At a regional level, ealdormen played an important part in government, defence and taxation, and the post of sheriff emerged in the 10th century, administering local shires on behalf of an ealdorman. Anglo-Saxon mints were tightly controlled by the kings, providing a high-quality currency, and the whole country was taxed using
18690-451: The English for their poor pronunciation. By the 14th century, however, French was increasingly having to be formally taught, rather than being learnt naturally in the home, although the aristocracy would typically spend many years of their lives in France and remained entirely comfortable working in French. During the 12th and 13th centuries, the English began to consider themselves superior to
18900-423: The English state throughout the Middle Ages. The bishops and major monastic leaders played an important part in national government, having key roles on the king's council. Bishops often oversaw towns and cities, managing local taxation and government . This frequently became untenable with the Viking incursions of the 9th century, and in locations such as Worcester the local bishops came to new accommodations with
19110-530: The European tradition or, uniquely to England, chapters of monks. These institutions were badly affected in the 9th century by Viking raids and predatory annexations by the nobility. By the start of the 10th century, monastic lands, financial resources and the quality of monasteries' religious work had been much diminished. Reforms followed under the kings of Wessex who promoted the Benedictine rule then popular on
19320-446: The FRCP should be amended to expressly address the unique requirements of MDLs. There are 87 rules in the FRCP, which are grouped into 11 titles. There are also two separate supplemental rules governing certain actions under admiralty law (Rules B-F) and civil forfeiture (Rule G); and for individual social security actions (Supplemental Rules 1-8). Listed below are the most commonly used categories and rules. Rules 1 and 2. Title I
19530-635: The FRCP unified the civil and admiralty procedure, and added the Supplemental Rules for Certain Admiralty and Maritime Claims, now Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions . The FRCP were rewritten with respect to style, effective December 1, 2007, under the leadership of law professor and editor of Black's Law Dictionary Bryan A. Garner , for the avowed purpose of making them easier to understand. The style amendments were not intended to make substantive changes in
19740-470: The Federal Chamber of Labour / Bundesarbeitskammer ) have brought claims on behalf of hundreds or even thousands of consumers. In these cases, the individual consumers assigned their claims to one entity, who has then brought an ordinary (two-party) lawsuit over the assigned claims. The monetary benefits were redistributed among the class. This technique, labeled as "class action Austrian style," allows for
19950-431: The French throne. Over the next century, English forces fought many campaigns in a long-running conflict that became known as the Hundred Years' War . Despite the challenges involved in raising the revenues to pay for the war, Edward's military successes brought an influx of plundered wealth to many parts of England and enabled substantial building work by the king. Many members of the English elite, including Edward's son
20160-595: The Heptarchy . In the 7th century, the Kingdom of Mercia rose to prominence under the leadership of King Penda . Mercia invaded neighbouring lands until it loosely controlled around 50 regiones covering much of England. Mercia and the remaining kingdoms, led by their warrior elites, continued to compete for territory throughout the 8th century. Massive earthworks, such as the defensive dyke built by Offa of Mercia , helped to defend key frontiers and towns. In 789, however,
20370-564: The Norman invasion, the position of women in society changed. The rights and roles of women became more sharply defined, in part as a result of the development of the feudal system and the expansion of the English legal system; some women benefited from this, while others lost out. The rights of widows were formally laid down in law by the end of the 12th century, clarifying the right of free women to own property, but this did not necessarily prevent women from being forcibly remarried against their wishes. The growth of governmental institutions under
20580-800: The Norman kings to project power across the region, including funding campaigns along the frontiers of Normandy. Norman rule, however, proved unstable; successions to the throne were contested, leading to violent conflicts between the claimants and their noble supporters. William II inherited the throne but faced revolts attempting to replace him with his older brother Robert or his cousin Stephen of Aumale . In 1100, William II died while hunting. Despite Robert's rival claims, his younger brother Henry I immediately seized power. War broke out, ending in Robert's defeat at Tinchebrai and his subsequent life imprisonment. Robert's son Clito remained free, however, and formed
20790-591: The Stanford Law School Securities Class Action Clearinghouse and several for-profit companies maintain lists of the securities settlements. One study of federal settlements required the researcher to manually search databases of lawsuits for the relevant records, although state class actions were not included due to the difficulty in gathering the information. Another source of data is US Bureau of Justice Statistics Civil Justice Survey of State Courts , which offers statistics for
21000-468: The United States thanks to the influence of Supreme Court Associate Justice Joseph Story , who imported it into US law through summary discussions in his two equity treatises as well as his opinion in West v. Randall (1820). However, Story did not necessarily endorse class actions, because he "could not conceive of a modern function or a coherent theory for representative litigation." The oldest predecessor to
21210-515: The Welsh princes. After a final confrontation with Henry, his son Richard I succeeded to the throne in 1189. Richard spent his reign focused on protecting his possessions in France and fighting in the Third Crusade ; his brother, John , inherited England in 1199 but lost Normandy and most of Aquitaine after several years of war with France. John fought successive, increasingly expensive, campaigns in
21420-525: The Welsh, Scots and Bretons . The English perceived themselves as civilised, economically prosperous and properly Christian, while the Celtic fringe was considered lazy, barbarous and backward. Following the invasion of Ireland in the late 12th century, similar feelings were expressed about the Irish, with the distinctions clarified and reinforced in 14th-century English legislation. The English also felt strongly about
21630-481: The adverse interests of the plaintiffs and the defendants in the suit properly before it. But in such cases, the decree shall be without prejudice to the rights and claims of all the absent parties. This allowed for representative suits in situations where there were too many individual parties (which now forms the first requirement for class-action litigation – numerosity). However, this rule did not allow such suits to bind similarly situated absent parties, which rendered
21840-399: The attorney (if party is represented). It also provides for sanctions against the attorney or client for harassment, frivolous arguments, or a lack of factual investigation. The purpose of sanctions is deterrent, not punitive. Courts have broad discretion about the exact nature of the sanction, which can include consent to in personam jurisdiction, fines, dismissal of claims, or dismissal of
22050-498: The case. Finally, a class action avoids the situation where different court rulings could create "incompatible standards" of conduct for the defendant to follow. See Fed. R. Civ. P. 23(b)(1)(A). For example, a court might certify a case for class treatment where a number of individual bond-holders sue to determine whether they may convert their bonds to common stock . Refusing to litigate the case in one trial could result in different outcomes and inconsistent standards of conduct for
22260-487: The claim, and a demand for judgment. It also allows relief in the alternative, so the plaintiff does not have to pre-guess the remedy most likely to be accepted by the court. Rule 8(b) states that the defendant 's answer must admit or deny every element of the plaintiff's claim. Rule 8(c) requires that the defendant 's answer must state any affirmative defenses . Rule 8(d) maintains that each allegation be "simple, concise, and direct" but allows "2 or more statements of
22470-514: The claims of all of these persons in one complaint, a so-called "mass action", hoping to have the same efficiencies and economic leverage as if a class had been certified. Because mass actions operate outside the detailed procedures laid out for class actions, they can pose special difficulties for both plaintiffs, defendants, and the court. For example, settlement of class actions follows a predictable path of negotiation with class counsel and representatives, court scrutiny, and notice. There may not be
22680-399: The class but may be treated the same. Proposed settlements could offer some groups (such as former customers) much greater benefits than others. In one paper presented at an ABA conference on class actions in 2007, authors commented that "competing cases can also provide opportunities for collusive settlement discussions and reverse auctions by defendants anxious to resolve their new exposure at
22890-503: The class-action rule in the United States was in the Federal Equity Rules , specifically Equity Rule 48, promulgated in 1842. Where the parties on either side are very numerous, and cannot, without manifest inconvenience and oppressive delays in the suit, be all brought before it, the court in its discretion may dispense with making all of them parties, and may proceed in the suit, having sufficient parties before it to represent all
23100-594: The clergy, condemned the practice of simony and promoted greater influence for the papacy in church matters. Despite the bishops continuing to play a major part in royal government, tensions emerged between the kings of England and key leaders within the English Church. Kings and archbishops clashed over rights of appointment and religious policy, and successive archbishops including Anselm , Theobald of Bec , Thomas Becket and Stephen Langton were variously forced into exile, arrested by royal knights or even killed. By
23310-623: The collapse of the Roman Empire. Human intervention had established wood pastures , an ancient system for managing woods and animals, and coppicing , a more intensive approach to managing woodlands. Other agricultural lands included arable fields and pastorage, while in some parts of the country, such as the South-West, waste moorland remained testament to earlier over-farming in the Bronze Age . England's environment continued to be shaped throughout
23520-453: The community in their own right. An English cultural identity first emerged from the interaction of the Germanic immigrants of the 5th and 6th centuries and the indigenous Romano-British inhabitants. Although early medieval chroniclers described the immigrants as Angles and Saxons, they came from a much wider area across Northern Europe, and represented a range of different ethnic groups. Over
23730-698: The companion to the Federal Rules of Criminal Procedure . Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States , the federal judiciary's internal policy-making body. At
23940-613: The contracts from bringing class-action suits. In 2011, the US Supreme Court ruled in a 5–4 decision in AT&;T Mobility v. Concepcion that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class-action lawsuits, which will make it more difficult for consumers to file class-action lawsuits. The dissent pointed to a saving clause in the federal act which allowed states to determine how
24150-419: The course of litigation, and 12(b)(6) and 12(b)(7) motions may be filed at any time until trial ends. Rule 13 describes when a defendant is allowed or required to assert claims against other parties to the suit ( joinder ). The law encourages people to resolve all their differences as efficiently as possible; consequently, in many jurisdictions, counterclaims (claims against an opposing party) that arise out of
24360-479: The court if the plaintiff fails to comply with deadlines or court orders. Rule 42 deals with consolidation of related cases or the holding of separate trials. Rule 43 addresses the taking of testimony, which is to be taken in open court whenever possible. Rule 44 governs authentication of official records. Rule 45 deals with subpoenas . A subpoena commands a person to give testimony, to produce documents for inspection and copying, or both. Although included in
24570-405: The court in which it is brought or be subject to dismissal. Rule 19 – Compulsory Joinder of Parties – if a person who is not a party to the suit is "necessary" to just adjudication of the action, under the criteria set forth in subsection (a), then upon motion of any party that person shall be made a party, served with suit, and required to participate in the action. If the person cannot be made
24780-425: The court within 14 days after the conference. The Discovery Plan must state the parties' proposals on subject of the discovery, limitations on discovery, case management schedule and timing deadlines for each stage of the discovery process, including: Unless all parties agree otherwise, the parties should submit to each other the initial disclosures under Rule 26(a) within 14 days after the conference. Only after
24990-417: The court's judgment on common issues unless they opt-out in a prescribed manner and time. Court rulings have determined that this permits a court in one province to include residents of other provinces in the class action on an "opt-out" basis. Judicial opinions have indicated that provincial legislative national opt-out powers should not be exercised to interfere with the ability of another province to certify
25200-423: The courts to extend certain deadlines in appropriate circumstances. Rules 7 to 16. Title III covers pleadings , motions , defenses, and counterclaims . The plaintiff's original pleading is called a complaint . The defendant's original pleading is called an answer . Rule 8 (a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction , a "short and plain statement" of
25410-467: The crown was unable to intervene in the factional fighting between different nobles and their followers. The resulting Wars of the Roses saw a savage escalation of violence between the noble leaderships of both sides: captured enemies were executed and family lands attainted . By the time that Henry VII took the throne in 1485, England's governmental and social structures had been substantially weakened, with whole noble lines extinguished. Medieval England
25620-496: The defendant corporation . Thus, courts will generally allow a class action in such a situation. See, e.g., Van Gemert v. Boeing Co. , 259 F. Supp. 125 (S.D.N.Y. 1966). Whether a class action is superior to individual litigation depends on the case and is determined by the judge's ruling on a motion for class certification. The Advisory Committee Note to Rule 23, for example, states that mass torts are ordinarily "not appropriate" for class treatment. Class treatment may not improve
25830-424: The details missing from the FRCP are to be found in local rules promulgated by each district court and in general orders by each individual federal judge. For example, federal courts in most West Coast states require line numbers on the left margin on all filings (to match local practice in the courts of the states in which they sit), but most other federal courts do not. Rule 11 requires all papers to be signed by
26040-438: The discovery process, it requires the plaintiff to initiate a conference between the parties to plan the discovery process. The parties must confer as soon as practicable after the complaint was served to the defendants—and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b). The parties should attempt to agree on the proposed discovery plan, and submit it to
26250-466: The ealdermen), sheriffs and church seniors were all drawn from their ranks. In many areas of society there was continuity, as the Normans adopted many of the Anglo-Saxon governmental institutions, including the tax system, mints and the centralisation of law-making and some judicial matters; initially sheriffs and the hundred courts continued to function as before. The existing tax liabilities were captured in
26460-564: The earlier procedures under the Federal Equity Rules and the Conformity Act (28 USC 724 (1934)) merging the procedure for cases, in law and equity . The Conformity Act required that procedures in suits at law conform to state practice, usually the Field Code or a pleading system based on common law . Before the FRCP were established, common-law pleading was more formal, traditional, and particular in its phrases and requirements. For example,
26670-461: The early 12th-century raised armies against Scottish invaders and built up extensive holdings of castles across the country. New orders began to be introduced into England. As ties to Normandy waned, the French Cluniac order became fashionable and their houses were introduced in England. The Augustinians spread quickly from the beginning of the 12th century onwards, while later in the century
26880-418: The early 13th century, however, the church had largely won its argument for independence, answering almost entirely to Rome. In the 1380s, several challenges emerged to the traditional teachings of the Church, resulting from the teachings of John Wycliffe , a member of Oxford University . Wycliffe argued that scripture was the best guide to understanding God's intentions, and that the superficial nature of
27090-527: The efficiency of a mass tort because the claims frequently involve individualized issues of law and fact that will have to be re-tried on an individual basis. See Castano v. Am. Tobacco Co. , 84 F.3d 734 (5th Cir. 1996) (rejecting nationwide class action against tobacco companies). Mass torts also involve high individual damage awards; thus, the absence of class treatment will not impede the ability of individual claimants to seek justice. Other cases, however, may be more conducive to class treatment. The preamble to
27300-662: The end of the Middle Ages in England and the start of the Early Modern period . At the start of the Middle Ages, England was a part of Britannia , a former province of the Roman Empire . The local economy had once been dominated by imperial Roman spending on a large military establishment, which in turn helped to support a complex network of towns, roads, and villas . At the end of the 4th century, however, Roman forces had been largely withdrawn, and this economy collapsed. Germanic settlers began to arrive in increasing numbers during
27510-533: The entire case. The current version of Rule 11 is much more lenient than its 1983 version. Supporters of tort reform in Congress regularly call for legislation to make Rule 11 stricter. Rule 12 (b) describes pretrial motions that can be filed. The Rule 12(b)(6) motion, which replaced the common law demurrer , is how lawsuits with insufficient legal theories underlying their cause of action are dismissed from court. For example, assault requires intent , so if
27720-404: The entire country. The road system was adequate for the needs of the period, although it was significantly cheaper to transport goods by water. The major river networks formed key transport routes, while many English towns formed navigable inland ports . For much of the Middle Ages, England's climate differed from that in the 21st century. Between the 9th and 13th centuries England went through
27930-501: The exact legal term, as long as the claim itself was legally actionable . The policy behind this change is to simply give "notice" of grievances and to leave the details for later in the case. This acts in the interest of equity by concentrating on the actual law rather than the exact construction of pleas. The Field Code, which was adopted between 1848 and 1850, was an intermediate step between common law and modern rules, created by New York attorney David Dudley Field . The Field Code
28140-400: The expense of other class members; and confusing notices are published that prevent class members from being able to fully understand and effectively exercise their rights. For example, in the United States, class lawsuits sometimes bind all class members with a low settlement . These " coupon settlements " (which usually allow the plaintiffs to receive a small benefit such as a small check or
28350-428: The fields defined as men's work, for example, and dairy production becoming dominated by women. The years after the Black Death left many women widows; in the wider economy labour was in short supply and land was suddenly readily available. In rural areas peasant women could enjoy a better standard of living than ever before, but the amount of work being done by women may have increased. Many other women travelled to
28560-450: The first Scandinavian raids on England began; these Viking attacks grew in number and scale until in 865 the Danish micel here or Great Army , invaded England, captured York and defeated the kingdom of East Anglia. Mercia and Northumbria fell in 875 and 876, and Alfred of Wessex was driven into internal exile in 878. However, in the same year Alfred won a decisive victory against
28770-518: The focus for fresh revolts until his death in 1128. Henry's only legitimate son, William , died aboard the White Ship disaster of 1120, sparking a fresh succession crisis: Henry's nephew, Stephen of Blois , claimed the throne in 1135, but this was disputed by the Empress Matilda , Henry's daughter. Civil war broke out across England and Normandy, resulting in a long period of warfare later termed
28980-518: The foreign traders who lived in the special enclaves in London in the Late Middle Ages; the position of the Jews is described below, but Italian and Baltic traders were also regarded as aliens and were frequently the targets of violence during economic downturns. Even within England, different identities abounded, each with their own sense of status and importance. Regional identities could be important – men and women from Yorkshire , for example, had
29190-454: The form of the Peasants' Revolt; a violent retribution followed, with as many as 7,000 alleged rebels executed. A new class of gentry emerged as a result of these changes, renting land from the major nobility to farm out at a profit. The legal system continued to expand during the 14th century, dealing with an ever-wider set of complex problems. By the time that Richard II was deposed in 1399,
29400-405: The great Anglo-Saxon families, and the links with the Duchy began to weaken. By the late 12th century, mobilising the English barons to fight on the continent was proving difficult, and John's attempts to do so ended in civil war. Civil strife re-emerged under Henry III, with the rebel barons in 1258–59 demanding widespread reforms, and an early version of Parliament was summoned in 1265 to represent
29610-430: The growth of an English identity. Despite repeated crises of succession and a Danish seizure of power at the start of the 11th century, it can also be argued that by the 1060s England was a powerful, centralised state with a strong military and successful economy. The Norman invasion of England in 1066 led to the defeat and replacement of the Anglo-Saxon elite with Norman and French nobles and their supporters. William
29820-421: The heavily wooded Weald , through to the upland moors of Yorkshire . Despite this, medieval England broadly formed two zones, roughly divided by the rivers Exe and Tees : the south and east of England had lighter, richer soils, able to support both arable and pastoral agriculture, while the poorer soils and colder climate of the north and west produced a predominantly pastoral economy. Slightly more land
30030-490: The help of a majority of the nobility, exercising power through the exchequer , the common bench and the royal household. This government was better organised and on a larger scale than ever before, and by the 14th century the king's formerly peripatetic chancery had to take up permanent residence in Westminster . Edward used Parliament even more than his predecessors to handle general administration, to legislate and to raise
30240-513: The impetus for most types of group litigation removed, it went into a steep decline in English jurisprudence from which it never recovered. It was further weakened by the fact that equity pleading, in general, was falling into disfavor, which culminated in the Judicature Acts of 1874 and 1875. Group litigation was essentially dead in the United Kingdom after 1850. Class actions survived in
30450-435: The initial disclosures have been sent, the main discovery process begins which includes: depositions , interrogatories , request for admissions (RFA) and request for production of documents (RFP). As stated above, there is a limitation on number of interrogatories and depositions, but there is no limitation on RFAs and RFPs. Some states, like California, have different limitations set in their Local Rules. FRCP requires that
30660-451: The kingdom. Many churchmen and thegns were also given permission by the king to hold their own local courts. The legal system depended on a system of oaths in which the value of different individuals swearing on behalf of the plaintiff or defendant varied according to their social status – the word of a companion of the king, for example, was worth twelve times that of a churl . If fines were imposed, their size similarly varied accord to
30870-474: The kingdom. The monasteries were brought firmly into the web of feudal relations, with their holding of land linked to the provision of military support to the crown. The Normans adopted the Anglo-Saxon model of monastic cathedral communities, and within seventy years the majority of English cathedrals were controlled by monks; every English cathedral, however, was rebuilt to some extent by the new rulers. England's bishops remained powerful temporal figures, and in
31080-592: The late 6th and 7th centuries, helped by the conversion of the Franks in Northern France, who carried considerable influence in England. Pope Gregory I sent a team of missionaries to convert King Æthelberht of Kent and his household, starting the process of converting Kent. Augustine became the first Archbishop of Canterbury and started to build new churches across the South-East, reusing existing pagan shrines. Oswald and Oswiu , kings of Northumbria, were converted in
31290-452: The late king's council, but primogeniture rapidly became the norm for succession. The kings further bolstered their status by adopting Christian ceremonies and nomenclature, introducing ecclesiastical coronations during the 8th century and terming themselves "Christ's deputy" by the 11th century. Huge estates were initially built up by the king, bishops, monasteries and thegns , but in the 9th and 10th centuries these were slowly broken up as
31500-474: The local ealdormen , exchanging some authority and revenue for assistance in defence. The early English church was racked with disagreement on doctrine , which was addressed by the Synod of Whitby in 664; some issues were resolved, but arguments between the archbishops of Canterbury and York as to which had primacy across Britain began shortly afterwards and continued throughout most of the medieval period. William
31710-450: The medieval English courts did not question the right of the actual plaintiffs to sue on behalf of a group or a few representatives to defend an entire group. From 1400 to 1700, group litigation gradually switched from being the norm in England to the exception. The development of the concept of the corporation led to the wealthy supporters of the corporate form becoming suspicious of all unincorporated legal entities, which in turn led to
31920-544: The military situation in France began to unravel. A sequence of bloody civil wars, later termed the Wars of the Roses , finally broke out in 1455, spurred on by an economic crisis and a widespread perception of poor government. Edward IV , leading a faction known as the Yorkists , removed Henry from power in 1461 but by 1469 fighting recommenced as Edward, Henry, and Edward's brother George , backed by leading nobles and powerful French supporters, vied for power. By 1471 Edward
32130-411: The modern class action binds all members of the class, except for those who choose to opt out (if the rules permit them to do so). The Advisory Committee that drafted the new Rule 23 in the mid-1960s was influenced by two major developments. First was the suggestion of Harry Kalven Jr. and Maurice Rosenfield in 1941 that class-action litigation by individual shareholders on behalf of all shareholders of
32340-622: The modern concept of the unincorporated or voluntary association . The tumultuous history of the Wars of the Roses and then the Star Chamber resulted in periods during which the common law courts were frequently paralyzed, and out of the confusion the Court of Chancery emerged with exclusive jurisdiction over group litigation. By 1850, Parliament had enacted several statutes on a case-by-case basis to deal with issues regularly faced by certain types of organizations, like joint-stock companies, and with
32550-447: The monastic reforms of the 9th century. Anglo-Saxon queens began to hold lands in their own right in the 10th century and their households contributed to the running of the kingdom. Although women could not lead military forces, in the absence of their husbands some noblewomen led the defence of manors and towns. Most Anglo-Saxon women, however, worked on the land as part of the agricultural community, or as brewers or bakers . After
32760-572: The most economic cost". Advertising or otherwise soliciting to find lead plaintiffs may also be unethical, as the plaintiff may not genuinely be aggrieved. Although normally plaintiffs are the class, defendant class actions are also possible. For example, in 2005, the Roman Catholic Archdiocese of Portland in Oregon was sued as part of the Catholic priest sex-abuse scandal . All parishioners of
32970-463: The name of the real party in interest, that is, the plaintiff must be person or entity whose rights are at issue in the case. Rule 18 – Joinder of Claims and Remedies – states that a plaintiff who may plead in a single civil action as many claims as the plaintiff has against a defendant, even if the claims are not related, and may request any remedy to which the law entitles the plaintiff. Of course, each claim must have its own basis for jurisdiction in
33180-440: The necessary taxes to pay for the wars in France. The royal lands—and incomes from them—had diminished over the years, and increasingly frequent taxation was required to support royal initiatives. Edward held elaborate chivalric events in an effort to unite his supporters around the symbols of knighthood. The ideal of chivalry continued to develop throughout the 14th century, reflected in the growth of knightly orders (including
33390-419: The next level of society, often holding land in their own right or controlling businesses in the towns. Geburs , peasants who worked land belonging to a thegn , formed a lower class still. The very lowest class were slaves, who could be bought and sold and who held only minimal rights. The balance of power between these different groups changed over time. Early in the period, kings were elected by members of
33600-477: The nobility began to exercise power through a system termed bastard feudalism . Nearly 1,500 villages were deserted by their inhabitants and many men and women sought new opportunities in the towns and cities. New technologies were introduced, and England produced some of the great medieval philosophers and natural scientists . English kings in the 14th and 15th centuries laid claim to the French throne , resulting in
33810-422: The notice, did not read it or did not understand it. The Class Action Fairness Act of 2005 addresses these concerns. An independent expert may scrutinize coupon settlements before judicial approval in order to ensure that the settlement will be of value to the class members (28 U.S.C.A. 1712(d)). Further, if the action provides for settlement in coupons, "the portion of any attorney's fee award to class counsel that
34020-509: The oath-value of the individual. The Anglo-Saxon authorities struggled to deal with the bloodfeuds between families that emerged following violent killings, attempting to use a system of weregild , a payment of blood money, as a way of providing an alternative to long-running vendettas. Within twenty years of the Norman conquest, the former Anglo-Saxon elite were replaced by a new class of Norman nobility, with around 8,000 Normans and French settling in England. The new earls (successors to
34230-715: The parameters of one lawsuit, the U.S. Supreme Court, in Epic Systems Corp. v. Lewis (2018), enabled the use of class action waivers . Citing its deference to freedom to contract principles, the Epic Systems opinion opened the door dramatically to the use of these waivers as a condition of employment, consumer purchases and the like. Some commentators in opposition to the ruling see it as a "death knell" to many employment and consumer class actions, and have increasingly pushed for legislation to circumvent it in hopes of reviving otherwise-underrepresented parties' ability to litigate on
34440-416: The party to whom the request for Interrogatories, RFA or RFP is directed must respond in writing within 30 days after being served, otherwise the requestor can file a motion to compel discovery and for sanctions. Rules 38 to 53. Title VI deals generally with the trial of civil actions, although some other topics are also included. Rules 38 and 39 deal with the parties' right to a trial by jury and
34650-539: The party's claim (excluding impeachment material), computations of damages, and insurance information. Information about any expert witness testimony is also required. Notable exceptions to the discovery rules include impeachment evidence/witnesses, "work product" (materials an attorney uses to prepare for the trial especially documents containing mental impressions, legal conclusions, or opinions of counsel), and experts who are used exclusively for trial prep and will not testify. FRCP Rule 26 provides general guidelines to
34860-423: The peasantry held land in return for local labour services, creating a web of loyalties and resources enforced in part by new honorial courts. This system had been used in Normandy and concentrated more power in the king and the upper elite than the former Anglo-Saxon system of government. The practice of slavery declined in the years after the conquest, as the Normans considered the practice backward and contrary to
35070-399: The period, as women typically had more limited life-choices, access to employment and trade, and legal rights than men. In Anglo-Saxon society, noblewomen enjoyed considerable rights and status, although the society was still firmly patriarchal. Some exercised power as abbesses, exerting widespread influence across the early English Church, although their wealth and authority diminished with
35280-624: The period, through the building of dykes to drain marshes, tree clearance and the large-scale extraction of peat . Managed parks for hunting game, including deer and boars, were built as status symbols by the nobility from the 12th century onwards, but earlier versions of parks, such as hays , may have originated as early as the 7th century. Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P. ; colloquially FRCP ) govern civil procedure in United States district courts . They are
35490-451: The plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. "While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise
35700-487: The plaintiff is a single individual person or business that bought the dangerous product. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each individual person bringing their own lawsuits separately, the class action allows all the claims of all class members—whether they know they have been damaged or not—to be resolved in
35910-419: The plaintiff prior to the defendant's filing of an Answer or Motion for Summary Judgment. In such an instance, the court retains jurisdiction only to award attorneys fees or costs (in rare circumstances). With certain exceptions (e.g. class actions), an action may also be dismissed at any time by agreement of the parties (e.g. when the parties reach a settlement). An action may also be involuntarily dismissed by
36120-508: The plaintiffs having an option to join their claims when they were not joint. (Ryder v. Jefferson Hotel Co.) Rule 22 governs the procedure for interpleader . It allows an interpleader to be brought by a plaintiff who is subject to multiple liability even though 1. the claims or title they are based on lack common origin, are independent and averse and 2. the plaintiff denies any of the claims in whole or part. A defendant exposed to similar liability may also seek interpleader. Rule 23 governs
36330-445: The power of the major noble magnates had grown considerably; powerful rulers such as Henry IV would contain them, but during the minority of Henry VI they controlled the country. The magnates depended upon their income from rent and trade to allow them to maintain groups of paid, armed retainers, often sporting controversial livery, and buy support amongst the wider gentry; this system has been dubbed bastard feudalism . Their influence
36540-517: The princes of North Wales led to Edward mobilising a huge army, defeating the native Welsh and undertaking a programme of English colonisation and castle building across the region. Further wars were conducted in Flanders and Aquitaine. Edward also fought campaigns in Scotland , but was unable to achieve strategic victory, and the costs created tensions that nearly led to civil war. Edward II inherited
36750-403: The procedure for class action litigation. In a class action, a single plaintiff or small group of plaintiffs seeks to proceed on behalf of an entire class who have been harmed by the same conduct by the same defendants; actions against classes of defendants are also theoretically permitted. Court approval is required for this procedure to be used. Rule 23.1 governs derivative suits in which
36960-661: The procedure for requesting a jury trial instead of a bench trial and trials by an advisory jury . These rules must be construed in light of the Seventh Amendment to the United States Constitution , which preserves a right to jury trial in most actions at common law (as opposed to equity cases). Rule 40 deals in general terms with the order in which cases will be scheduled for trial and has little significance in practice. Rule 41 deals with dismissal of actions. An action may be voluntarily dismissed at any time by
37170-420: The rebel interests. On becoming king in 1272, Edward I reestablished royal power, overhauling the royal finances and appealing to the broader English elite by using Parliament to authorise the raising of new taxes and to hear petitions concerning abuses of local governance. This political balance collapsed under Edward II and savage civil wars broke out during the 1320s. Edward III restored order once more with
37380-413: The region . Some Norman lords used England as a launching point for attacks into South and North Wales , spreading up the valleys to create new Marcher territories. By the time of William's death in 1087, England formed the largest part of an Anglo-Norman empire, ruled over by a network of nobles with landholdings across England, Normandy, and Wales. England's growing wealth was critical in allowing
37590-456: The relatively paltry potential recoveries into something worth someone's (usually an attorney's) labor." Amchem Prods., Inc. , 521 U.S. at 617 (quoting Mace , 109 F.3d at 344). In other words, a class action ensures that a defendant who engages in widespread harm – but does so minimally against each individual plaintiff – must compensate those individuals for their injuries. For example, thousands of shareholders of
37800-451: The royal chancery, while the familia regis , the military household, emerged to act as a bodyguard and military staff. England's bishops continued to form an important part in local administration, alongside the nobility. Henry I and Henry II both implemented significant legal reforms , extending and widening the scope of centralised, royal law; by the 1180s, the basis for the future English common law had largely been established, with
38010-520: The rule ineffective. Within ten years, the Supreme Court interpreted Rule 48 in such a way so that it could apply to absent parties under certain circumstances, but only by ignoring the plain meaning of the rule. In the rules published in 1912, Equity Rule 48 was replaced with Equity Rule 38 as part of a major restructuring of the Equity Rules, and when federal courts merged their legal and equitable procedural systems in 1938, Equity Rule 38 became Rule 23 of
38220-514: The rules. Effective December 1, 2009, substantial amendments were made to rules 6, 12, 13, 14, 15, 23, 27, 32, 38, 48, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72 and 81. While rules 48 and 62.1 were added. Rule 1(f) was abrogated. The majority of the amendments affect various timing requirements and change how some deadlines are calculated. The most significant changes are to Rule 6. The FRCP does not apply to civil actions centralized into multidistrict litigations (MDLs), which have grown from
38430-562: The same witnesses , exhibits and issues from trial to trial". Jenkins v. Raymark Indus. Inc. , 782 F.2d 468, 473 (5th Cir. 1986) (granting certification of a class action involving asbestos ). Second, a class action may overcome "the problem that small recoveries do not provide the incentive for any individual to bring a solo action prosecuting his or her rights". Amchem Prods., Inc. v. Windsor , 521 U.S. 591, 617 (1997) (quoting Mace v. Van Ru Credit Corp. , 109 F.3d 388, 344 (7th Cir. 1997)). "A class action solves this problem by aggregating
38640-407: The same transaction or occurrence (compulsory counterclaims) must be brought during the original suit, or they will be barred from future litigation ( preclusion ). Any counterclaims may be brought, even if they are not compulsory (permissive counterclaims), however a crossclaim (claims against a coparty), while not compulsory, must arise out of the same transaction or occurrence of the original suit or
38850-541: The site. Indeed, by the 12th century reports of posthumous miracles by local saints were becoming increasingly common in England, adding to the attractiveness of pilgrimages to prominent relics. Participation in the Crusades was also seen as a form of pilgrimage, and indeed the same Latin word, peregrinatio , was sometimes applied to both activities. While English participation in the First Crusade between 1095 and 1099
39060-462: The son of a Danish king. Attempts to bribe Sweyn not to attack using danegeld payments failed, and he took the throne in 1013. Swein's son, Cnut , liquidated many of the older English families following his seizure of power in 1016. Æthelred's son, Edward the Confessor , had survived in exile in Normandy and returned to claim the throne in 1042. Edward was childless, and the succession again became
39270-420: The substantive law of the states as rules of decision in cases where state law is in question, including state judicial decisions, and the federal courts almost always are required to use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts , although 35 of the 50 states have adopted rules that are based on the FRCP. The Rules, established in 1938, replaced
39480-473: The support of a significant minority of the justices of the U.S. Supreme Court , along with prominent judges like Henry Friendly and Richard Posner . However, empirical studies have generally found the extortion thesis to be "overstated". Class action cases present significant ethical challenges. Defendants can hold reverse auctions and any of several parties can engage in collusive settlement discussions. Subclasses may have interests that diverge greatly from
39690-416: The system of government. Royal landownings and wealth stretched across England, and placed the king in a privileged position above even the most powerful of the noble elite. Successive kings, though, still needed more resources to pay for military campaigns, conduct building programmes or to reward their followers, and this meant exercising their feudal rights to interfere in the land-holdings of nobles. This
39900-462: The teaching of suitable sermons in local churches. By the early 15th century, combating Lollard teachings had become a key political issue, championed by Henry IV and his Lancastrian followers, who used the powers of both the church and state to combat the heresy . Pilgrimages were a popular religious practice throughout the Middle Ages in England, with the tradition dating back to the Roman period. Typically pilgrims would travel short distances to
40110-457: The teachings of the church. The more prosperous peasants, however, lost influence and power as the Normans made holding land more dependent on providing labour services to the local lord. They sank down the economic hierarchy, swelling the numbers of unfree villeins or serfs , forbidden to leave their manor or seek alternative employment. At the centre of power, the kings employed a succession of clergy as chancellors , responsible for running
40320-428: The throne with the support of parliament in 1399. Ruling as Henry IV, he exercised power through a royal council and parliament, while attempting to enforce political and religious conformity. His son, Henry V , reinvigorated the war with France and came close to achieving strategic success shortly before his death in 1422. Henry VI became king at the age of only nine months and both the English political system and
40530-538: The time 28 USC 724 (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 USC 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rules of Civil Procedure took effect. Federal courts are now required to apply
40740-467: The top of the social structure was the king, who stood above many of the normal processes of Anglo-Saxon life and whose household had special privileges and protection. Beneath the king were thegns , nobles, the more powerful of which maintained their own courts and were termed ealdormen . The relationship between kings and their nobles was bound up with military symbolism and the ritual exchange of weapons and armour. Freemen, called churls , formed
40950-739: The towns and cities, to the point where they outnumbered men in some settlements. There they worked with their husbands, or in a limited number of occupations, including spinning , making clothes, victualling and as servants. Some women became full-time ale brewers, until they were pushed out of business by the male-dominated beer industry in the 15th century. Higher status jobs and apprenticeships, however, remained closed to women. As in earlier times, noblewomen exercised power on their estates in their husbands' absence and again, if necessary, defended them in sieges and skirmishes. Wealthy widows who could successfully claim their rightful share of their late husband's property could live as powerful members of
41160-704: The two jurisdictional dismissals, found in 12 (b)(1) and (2), and the third is summary judgment, found in Rule 56). A 12(b)(6) motion cannot include additional evidence such as affidavits . To dispose of claims with insufficient factual basis (where the movant must submit additional facts to demonstrate the factual weakness in the plaintiff's case), a Rule 56 motion for summary judgment is used. Rules 12(g) and 12(h) are also important because they state that if 12(b)(2)-12(b)(5) motions are not properly bundled together or included in an answer/allowable amendment to an answer, they are waived. Additionally, because 12(b)(1) motions are so fundamental, they may never be waived throughout
41370-407: The war with Scotland and faced growing opposition to his rule as a result of his royal favourites and military failures. The Despenser War of 1321–22 was followed by instability and the subsequent overthrow, and possible murder, of Edward in 1327 at the hands of his French wife, Isabella , and a rebel baron, Roger Mortimer . Isabella and Mortimer's regime lasted only a few years before falling to
41580-677: The warlords. As the Norse in mainland Scandinavia started to convert , many mainland rulers recruited missionaries from England to assist in the process. With the conversion of much of England in the 6th and 7th centuries, there was an explosion of local church building. English monasteries formed the main basis for the church, however, and were often sponsored by local rulers, taking various forms, including mixed communities headed by abbesses , bishop-led communities of monks , and others formed around married priests and their families. Cathedrals were constructed, staffed either with secular canons in
41790-418: The year 2005. Proponents of class actions state that they offer a number of advantages because they aggregate many individualized claims into one representational lawsuit . First, aggregation can increase the efficiency of the legal process, and lower the costs of litigation. In cases with common questions of law and fact, aggregation of claims into a class action may avoid the necessity of repeating "days of
42000-485: The young Henry III . England's power structures remained unstable and the outbreak of the Second Barons' War in 1264 resulted in the king's capture by Simon de Montfort . Henry's son, Edward , defeated the rebel factions between 1265 and 1267, restoring his father to power. On becoming king, Edward I rebuilt the status of the monarchy, restoring and extending key castles that had fallen into disrepair. Uprisings by
42210-399: Was a patriarchal society and the lives of women were heavily influenced by contemporary beliefs about gender and authority. However, the position of women varied considerably according to various factors, including their social class ; whether they were unmarried, married, widowed or remarried; and in which part of the country they lived. Significant gender inequalities persisted throughout
42420-502: Was a popular destination from the 7th century onwards; sometimes these trips were a form of convenient political exile. Under the Normans, religious institutions with important shrines, such as Glastonbury , Canterbury and Winchester , promoted themselves as pilgrimage destinations, maximising the value of the historic miracles associated with the sites. Accumulating relics became an important task for ambitious institutions, as these were believed to hold curative powers and lent status to
42630-437: Was contentious and a frequent issue of complaint, as there was a growing belief that land should be held by hereditary right, not through the favour of the king. Property and wealth became increasingly focused in the hands of a subset of the nobility, the great magnates, at the expense of the wider baronage, encouraging the breakdown of some aspects of local feudalism. As time went by, the Norman nobility intermarried with many of
42840-566: Was covered by trees than in the 20th century, and bears , beavers and wolves lived wild in England, bears being hunted to extinction by the 11th century and beavers by the 12th. Of the 10,000 miles of roads that had been built by the Romans, many remained in use and four were of particular strategic importance—the Icknield Way , the Fosse Way , Ermine Street and Watling Street —which criss-crossed
43050-492: Was exerted both through the House of Lords at Parliament and through the king's council. The gentry and wealthier townsmen exercised increasing influence through the House of Commons , opposing raising taxes to pay for the French wars. By the 1430s and 1440s the English government was in major financial difficulties, leading to the crisis of 1450 and a popular revolt under the leadership of Jack Cade . Law and order deteriorated, and
43260-410: Was finally expelled from England in 1290 by Edward I, being replaced by foreign merchants. Christianity had been the official imperial religion of the Roman Empire, and the first churches were built in England in the second half of the 4th century, overseen by a hierarchy of bishops and priests. Many existing pagan shrines were converted to Christian use and few pagan sites still operated by
43470-548: Was limited, England played a prominent part in the Second , Third and Fifth Crusades over the next two centuries, with many crusaders leaving for the Levant during the intervening years. The idea of undertaking a pilgrimage to Jerusalem was not new in England, however, as the idea of religiously justified warfare went back to Anglo-Saxon times. Many of those who took up the Cross to go on
43680-580: Was partially inspired by civil law systems in Europe and Louisiana, and among other reforms, merged law and equity proceedings. Significant revisions have been made to the FRCP in 1948, 1963, 1966, 1970, 1980, 1983, 1987, 1993, 2000, and 2006. The FRCP contains a notes section that details the changes of each revision since 1938, explaining the rationale behind the language. The revisions that took effect in December 2006 made practical changes to discovery rules to make it easier for courts and litigating parties to manage electronic records. The 1966 amendments to
43890-450: Was the first province to enact class proceedings legislation, in 1978. Ontario was next, with the Class Proceedings Act, 1992. As of 2008, 9 of 10 provinces had enacted comprehensive class actions legislation. In Prince Edward Island , where no comprehensive legislation exists, following the decision of the Supreme Court of Canada in Western Canadian Shopping Centres Inc. v. Dutton , [2001] 2 S.C.R. 534, class actions may be advanced under
44100-659: Was triumphant and most of his rivals were dead. On his death, power passed to his brother Richard of Gloucester , who initially ruled on behalf of the young Edward V before seizing the throne himself as Richard III. The future Henry VII , aided by French and Scottish troops, returned to England and defeated Richard at the battle of Bosworth in 1485, bringing an end to the majority of the fighting, although lesser rebellions against his Tudor dynasty would continue for several years afterwards. The Anglo-Saxon kingdoms were hierarchical societies, each based on ties of allegiance between powerful lords and their immediate followers. At
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