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50 Cards in this Set
- Front
- Back
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Personal Jurisdiction
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Means of Asserting Jurisdiction:
1. Presence in the state at service 2. Domiciled in forum state 3. Consent to jurisdiction 4. Long arm statute (Constitutional) |
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Minimum Contacts Test
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D must have such minimum contacts with the forum such that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice
Breakdown: 1. Minimum contacts 2. Reasonableness to assert jurisdiction |
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Minimum Contacts Factors
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1. Purposeful Availment: Did D reach out to the forum state?
2. Foreseeability: Likelihood of suit given D's conduct |
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Fair Play and Substantial Justice Factors
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1. Nature and quality of actions in the forum state
2. Interest of the parties 2. Interest of the state: Providing a forum, access to evidence and witnesses |
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Subject Matter Jurisdiction (CA)
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Superior Court has general SMJ (EXCEPT exclusive Fed cases)
Unlimited Civil Cases: Amount in controversy > $25k Limited Civil Cases: Amount <= $25k Small Claims <= $7500 (or $5000 for entities) |
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Subject Matter Jurisdiction (Fed)
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Federal courts can only hear suits based on:
1. Federal Question: a well-pleaded complaint raises questions arising under Federal law or the Constitution 2. Diversity: a) Complete diversity of citizenship between P and D's b) Amount in controversy > $75k |
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State of Residence
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Individuals: state of domicile determined by
1. Presence in a state, and 2. Subjective intent to remain indefinitely Corporations: Both 1. State of incorporation 2. Principal place of business (nerve or muscle center) Unincorporated Associations: states of all members |
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Supplementary Jurisdiction
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Additional Claims May Be Added if:
1. At least one claim with SMJ 2. Additional claim shares a "common nucleus of operative fact" (same T/O) 3. P would ordinarily be expected to try them together in one proceeding LIMIT: In a diversity case, a plaintiff can't use supplemental jurisdiction to get around lack of diversity |
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Classifying P's case (CA)
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Plaintiff initially decides the classification based on claim
Reclassification - Automatic: clerk reclassifies due to amendment - Motion: Party can move, with notice + hearing TESTING the classification: + Court looks beyond the complaint + Limited to Unlimited: Whether amount is possible or virtually unobtainable |
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Removal
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D can remove a case if it has federal SMJ
EXCEPT: - Diversity cases: No removal if any D is citizen of forum - No removal more than 30 days after filing of pleading making case removable - Diversity cases: No removal more than 1 year after filing - Filing permissive counterclaim may waive right to remove |
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Erie Doctrine
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In diversity cases, federal court applies state substantive laws
Clearly Substantive: 1. Elements of claim or defense 2. Statute of Limitations 3. Rules for tolling SOL 4. Conflict/choice of law rules Clearly Federal: If fed/state laws conflict, supremacy clause wins |
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Erie Doctrine Factors
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1. Outcome Determinative
2. Balance of Interests 3. Avoid Forum Shopping |
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Venue (Fed)
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Local Actions: District where land lies
Transitory Actions: Any district where either 1) All defendants reside, OR 2) Substantial part of the claim arose |
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Venue (CA)
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Local Actions: County where land lies
Transitory Actions: Generally venue OK in county where *any* D resides at filing + Contracts: County where entered into or to be performed + Personal Injury/Wrongful Death: County where injury occurred |
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Transfer of District/Forum Non Conveniens
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Cases can only be transferred to a district that is:
1) A proper venue 2) Has PJ over defendant Discretionary if original district is proper, based on: * Public Factors * Private Factors FNC dismisses case so it can be refiled |
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Public Factors
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* What law applies
* What community should be burdened with jury service |
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Private Factors
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* Convenience to the parties
* Location of the witnesses * Location of the evidence |
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Service of Process
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Must give notice to D by serving a summons and copy of the complaint
-> Any nonparty over 18 can perform service Forms of Service: 1. Personal: Anywhere in forum state 2. Substituted: Left at usual abode 3. Agent for service (usually corps) 4. Mail waiver 5. Publication (last resort) 6. Federal: Any method allowed in forum state |
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Substituted Service (Fed and CA)
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Federal Rule:
1. Left at usual abode 2. With person of suitable discretion who lives there California Rule 1. Left at usual abode 2. With an individual over 18 3. They are informed of contents 4. Follow up mailing via US Mail |
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Rule 11 Certification
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Filer must certify that after reasonable investigation:
1) Not filed for an improper purpose 2) Legal arguments (1) warranted by law or (2) non-frivolous argument for a change in law 3) Factual arguments have evidentiary support or likely to have it after further investigation Sanctions: Granted after 21 day safe harbor - EXCEPT: No safe harbor if raised sua sponte in Fed |
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Sufficiency of Complaint
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Must plead facts supporting a plausible claim
1. Statement of SMJ 2. Plain statement of the claim, showing entitlement to relief 3. Demand for judgment Heightened Pleading: required for fraud, mistake, special damages |
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Rule 12 Motions
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Form-Related Motions
(e) More definite statement (f) To strike Non-Waivable Motions (1) No SMJ (6) Failure to state a claim (7) Failure to join indispensable party Waivable Motions (2) No PJ (3) Improper Venue (4) Insufficient Process (5) Insufficient Service of Process |
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General Demurrer (CA)
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1) Failure to State a Claim
2) No SMJ |
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Special Demurrer (CA)
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Raises a number of defenses
* Complaint is uncertain, ambiguous or unintelligible * Unclear about theory of liability * Lack of legal capacity * Existence of another case on same cause of action * Misjoinder of parties * Failures of pleading * Motion to strike |
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Motion to Quash (CA)
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Special appearance to assert
* No PJ * Insufficiency of Process * Insufficient Service of Process Must be made before/with demurrer filing |
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Doe Defendants
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If P unaware of identity of defendant, may name the D as a "doe" defendant
Requirements: 1. Must state unawareness of true D 2. Must state a cause of action ("charging allegations") against Doe Relation Back: 1. Original complaint filed before SOL 2. Complaint contained charging allegations |
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Pleading Damages
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Generally must demand the amount in the pleadings
EXCEPTIONS: - Personal injury or wrongful death cases - Punitives: An amount cannot be requested |
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Answer Requirements
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1. Responses to allegations of the complaint
a) Admit b) Deny c) State lack of sufficient information to respond 2. Raise affirmative defenses + compulsory counterclaims |
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Counterclaims
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Compulsory: Arises from same T/O as P's claim
+ Evaluate SMJ: Diversity, FQ, Supp J. Permissive: Any claim D has against P not from same T/O |
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Joinder of Parties
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Allowed Where:
1. Arises from same T/O 2. Claims raise at least 1 common question of law or fact + Evaluate SMJ |
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Mandatory Joinder
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Absentee must be joined to case if:
* Court cannot accord complete relief without absentee * A's interest may be harmed if not joined, OR * A claims an interest which subjects a party to multiple obligations |
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Impleader
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Defendant brings in third party for indemnification or contribution
Process: 1. File third party complaint against TPD 2. Serve process on TPD (check for PJ & SMJ) 3. P and TPD may assert claims if same T/O |
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Intervention
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Absentee joins a pending suit
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Intervention of Right
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Absentee's interest may be harmed if not joined and adequately represented
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Permissive Intervention
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Absentee's claim or defense and pending case have at least 1 common question
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Interpleader
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Stakeholder forces claimants in to determine rights to a piece of property (avoids multiple suits)
Two Forms 1. Rule interpleader (jurisdictional rules under FRCP) 2. Statutory interpleader (own set of rules) |
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Statutory Interpleader Requirements
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Diversity: Claimants not all from same state
Amount >= $500 Service: nationwide Venue: Any claimant's district |
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Class Actions (Fed)
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1. Numerosity
2. Commonality 3. Typicality 4. Adequate representative 5. Proper type of suit |
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Class Actions: Types of Suits Permissible (Fed)
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1. Class treatment necessary to avoid harm to members or opposition
2. Injunction or DJ sought because class treated alike 3. Common questions predominate and class action is superior method to litigate |
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Class Actions (CA)
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Requirements
1. Ascertainable class 2. Well-defined community of interest a) Common questions predominate b) Representative is adequate c) Class action is substantial benefit to parties and court Notice: Not required to be individual |
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Discovery Tools
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* Depositions
* Interrogatories * Requests to produce * Physical/mental exam * Requests for admission * Supplemental Discovery (Fed: duty to supplement) |
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Scope of Discovery
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Parties can discovery anything relevant to a claim or defense (CA: relevant to subject matter)
-> Relevant: reasonably calculated to lead to the discovery of admissible information EXCEPT: Privileged matter not addmissible |
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Motion for Failure to State a Claim
CA: Judgment on the pleadings |
Court assumes all allegations as true and asks if P proved his allegations, would P win a judgment?
EXCEPT: If P's pleadings show a complete defense on their face, court may dismiss |
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Summary Judgment
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Moving Party Must Show:
1. No genuine issue of material fact 2. Entitled to judgment as a matter of law Evidence viewed in light most favorable to non-moving party * Affidavits * Judicially noticed facts * Verified pleadings |
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Peremptory Challenges
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Each side (CA: party) can challenge:
+ For cause: unlimited challenges + Peremptory: 3 Fed/6 CA No Discrimination + Fed & CA: Race, gender + CA Only: national origin, religion, sexuality |
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Judgment as a Matter of Law
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After other side has been heard at trial, other side may move for JML
- TEST: Reasonable people could not disagree on the result + Evidence viewed in light most favorable to the moving party + May be renewed after verdict |
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Motion for a New Trial
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Will be granted if court concludes an error has resulted in a miscarriage of justice
* Prejudicial error * New evidence not obtainable with diligence * Prejudicial misconduct of actor in trial * Judgment against weight of evidence * Excessive/inadequate damages |
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Final Judgment Rule
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Appeal may only be taken after a final judgment on the merits
EXCEPTIONS - Pretrial orders involving temporary remedies - Final judgment on collateral matters - Interlocutory orders of determinative importance |
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Claim Preclusion
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Requirements
1. Same plaintiff and defendant 2. Valid final judgment on the merits 3. Both arise from same cause of action - Fed: T/O - Cal: Primary rights theory |
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Issue Preclusion
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Requirements
1. First case ended in a valid final judgment on the merits 2. Issue previously litigated 3. Issue was essential to the judgment 4. Mutuality: Can be applied against a party to the previous proceeding |
