Civil Procedure Multistate Bar Practice Exam

Which action requires the court of appeals' discretion for certifying a class action?

1. Granting certification

2. Denying certification

3. Both granting and denying certification

4. Neither granting nor denying certification

The correct answer is: Both granting and denying certification

The action that requires the court of appeals' discretion for certifying a class action is both granting and denying certification. Under federal law, when a district court makes a decision on a motion for class certification, that decision can be appealed. However, the review of such decisions by the court of appeals is not a matter of right but rather is subject to the court's discretion. This means that if a district court grants class certification, the defendant has the option to appeal that decision, but the appeals court is not obligated to hear the case. Similarly, if the district court denies certification, the plaintiff can also appeal, but again, the appeals court has the discretion to refuse to hear that appeal. This discretionary nature of the court of appeals in the context of class certification reflects the significance and complexity of class actions, as they can affect a large number of individuals and require careful consideration by the appellate court. The court has the ability to decide which cases warrant further review based on the specific circumstances and legal questions involved. Therefore, both actions—granting and denying certification—fall under the discretion of the appellate court when a party seeks to appeal a district court's decision regarding class action certification.