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50 Cards in this Set

  • Front
  • Back
Personal Jurisdiction
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)
Minimum Contacts Test
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

1. Minimum contacts
2. Reasonableness to assert jurisdiction
Minimum Contacts Factors
1. Purposeful Availment: Did D reach out to the forum state?
2. Foreseeability: Likelihood of suit given D's conduct
Fair Play and Substantial Justice Factors
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
Subject Matter Jurisdiction (CA)
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)
Subject Matter Jurisdiction (Fed)
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
State of Residence
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
Supplementary Jurisdiction
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
Classifying P's case (CA)
Plaintiff initially decides the classification based on claim

- 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
D can remove a case if it has federal SMJ

- 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
Erie Doctrine
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
Erie Doctrine Factors
1. Outcome Determinative
2. Balance of Interests
3. Avoid Forum Shopping
Venue (Fed)
Local Actions: District where land lies

Transitory Actions: Any district where either
1) All defendants reside, OR
2) Substantial part of the claim arose
Venue (CA)
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
Transfer of District/Forum Non Conveniens
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
Public Factors
* What law applies

* What community should be burdened with jury service
Private Factors
* Convenience to the parties

* Location of the witnesses

* Location of the evidence
Service of Process
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
Substituted Service (Fed and CA)
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
Rule 11 Certification
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
Sufficiency of Complaint
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
Rule 12 Motions
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
General Demurrer (CA)
1) Failure to State a Claim
2) No SMJ
Special Demurrer (CA)
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
Motion to Quash (CA)
Special appearance to assert
* No PJ
* Insufficiency of Process
* Insufficient Service of Process

Must be made before/with demurrer filing
Doe Defendants
If P unaware of identity of defendant, may name the D as a "doe" defendant

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
Pleading Damages
Generally must demand the amount in the pleadings
- Personal injury or wrongful death cases
- Punitives: An amount cannot be requested
Answer Requirements
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
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
Joinder of Parties
Allowed Where:
1. Arises from same T/O
2. Claims raise at least 1 common question of law or fact

+ Evaluate SMJ
Mandatory Joinder
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
Defendant brings in third party for indemnification or contribution

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
Absentee joins a pending suit
Intervention of Right
Absentee's interest may be harmed if not joined and adequately represented
Permissive Intervention
Absentee's claim or defense and pending case have at least 1 common question
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)
Statutory Interpleader Requirements
Diversity: Claimants not all from same state

Amount >= $500

Service: nationwide

Venue: Any claimant's district
Class Actions (Fed)
1. Numerosity
2. Commonality
3. Typicality
4. Adequate representative
5. Proper type of suit
Class Actions: Types of Suits Permissible (Fed)
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
Class Actions (CA)
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
Discovery Tools
* Depositions
* Interrogatories
* Requests to produce
* Physical/mental exam
* Requests for admission
* Supplemental Discovery (Fed: duty to supplement)
Scope of Discovery
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
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
Summary Judgment
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
Peremptory Challenges
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
Judgment as a Matter of Law
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
Motion for a New Trial
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
Final Judgment Rule
Appeal may only be taken after a final judgment on the merits

- Pretrial orders involving temporary remedies
- Final judgment on collateral matters
- Interlocutory orders of determinative importance
Claim Preclusion
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
Issue Preclusion
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