infraction, n. A violation, usu. of a rule or local ordinance and usu. not punishable by incarceration. See VIOLATION(1). — infract, vb. civil infraction. An act or omission that, though not a crime, is prohibited by law and is punishable. • In some states, many traffic violations are classified as civil infractions.
decertify, vb. 1. To revoke the certification of. 2. To remove the official status of (a labor union) by withdrawing the right to act as a collective-bargaining agent. [Cases: Labor Relations 216. C.J.S. Labor Relations §§ 191–192, 210.] 3. (Of a court) to overrule a previous order that created a class for purposes of a
pattern-or-practice case. A lawsuit, often a class action, in which the plaintiff attempts to show that the defendant has systematically engaged in discriminatory activities, esp. by means of policies and procedures. • Typically, such a case involves employment discrimination, housing discrimination, or school segregation. A plaintiff must usu. show that a defendant’s behavior forms a
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certify, vb. 1. To authenticate or verify in writing. 2. To attest as being true or as meeting certain criteria. 3. (Of a court) to issue an order allowing a class of litigants to maintain a class action; to create (a class) for purposes of a class action. Cf. DECERTIFY. See CERTIFICATION. — certified, adj.
juridical link. A legal relationship between members of a group, such as those in a potential class action, sufficient to make a single suit more efficient or effective than multiple suits. — Also termed juridical relationship. [Cases: Federal Civil Procedure 164; Parties 35.13. C.J.S. Parties §§ 31, 34.]
futures, n. 1. Standardized assets (such as commodities, stocks, or foreign currencies) bought or sold for future acceptance or delivery. — Also termed financial futures. 2. FUTURES CONTRACT. 3. Future claimants, esp. those who would become members of a class of persons injured by a defendant and thus included in a class action.
doctrine of virtual representation 实际代表原则 依该原则，当许多具有共同利益的人作为一方当事人，因共同的标的而涉讼时，其中一部分人可代表其自身及其他人来维持该诉讼。在当前实践中，此种诉讼通常依集团诉讼的程序来进行。 (→class action)
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A party’s maintenance of an action on behalf of others with a similar interest, as a class representative does in a class action. See VIRTUAL-REPRESENTATION DOCTRINE. [Cases: Judgment 677; Parties 35.3. C.J.S. Judgments §§ 847, 851–854; Parties § 28.]
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A close alignment of interests between actual parties and potential parties in a lawsuit, so that the interests of potential parties are sufficiently protected by the actual parties. • The concept of adequate representation is often used in procedural contexts. For example, if a case is to be certified as a class action, there must
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