Civil Procedure

104 cards·by jhall162

Personal Jurisdiction

IPJ refers to the court's ability to exercise power over a particular D, and it is traditionally based on where the party is domiciled, pres

Long Arm Statute

Since no traditional basis exists, the P must look to see if the state has a long arm statute that would give the court IPJ over an out of s

CA Long Arm Statute

CA's long arm statute is unlimited, giving courts the power over any person which the state can constitutionally exercise jurisdiction. Here

Constitutional Limitations

Even if a state statute arguably grants the state court IPJ over the D, such exercise must still be constitutional. To be constitutional, th

Const Limits: Minimum Contacts

Minimum contacts requires a showing of purposeful availment and foreseeability.

Const Limits: Minimum Contacts - Purposeful Availment

The courts must find that D purposefully targeted the forum by conducting activities in the forum, thus invoking the benefits and protection

Const Limits: Minimum Contacts - Foreseeability

The D also must know or reasonably anticipate that her activities in the forum render it foreseeable that he may be brought into court in th

Const Limits: Relatedness of Claim to Conta

The claim must arise from the D's contact with the forum. This requires a showing of either specific or general jurisdiction.

Const Limits: Relatedness of Claim to Contact - Specific Jurisdiction

Specific Jurisidction will be asserted if the claim is related to D's contacts with the forum. Here,

Const Limits: Relatedness of Claim to Contact - General Jurisdiction

Where there is no specific jurisdiction, the court will look to see if the D is "at home" in the forum because of domicile or principle plac

Const Limits: Fairness

In cases involving Specific PJ, the court will determine fairness by balancing the inconvenience to the D against the state's interest.

Const Limits: Fairness - Inconvenience

A forum is constitutionally acceptable unless it is so gravely difficult and inconvenient that the D is put at a severe disadvantage. Relati

Const Limits: Fairness - State's Interest

The forum state may have a legitimate interest in providing redress for its residents. Here,

In Rem Jurisdiction

In Rem jurisdiction exists when the court has power to adjudicate the rights of ALL persons in the world with respect to a particular item o

Quasi In Rem Jurisdiction

QIR jurisdiction exists when the court has the power to determine the rights of particular individuals with respect to specific property wit

Subject Matter Jurisidction

SMJ is the federal court's power to hear a particular case. SMJ can either be based upon a federal questions or diversity of citizenship. He

SMJ - Federal Question

Federal courts have jurisdiction over claims that "arise under" federal law. The complaint must be seeking to assert a right under the const

SMJ - Diversity of Citizenship

Diversity of citizenship requires a showing of both complete diversity and an amount in controversy that exceeds $75k.

SMJ - Diversity of Citizenship - Complete Diversity

A P must be domiciled in a different state that ALL defendants are domiciled at the time the case if filed. Here,

SMJ - Diversity of Citizenship - Amount in Controversy

The amount in controversy must exceed $75k - good faith is required. A single P may aggregate all his individual claims against the D to rea

Supplemental Jurisdiction

The court has discretion to add additional claims not satisfying SMJ to an existing federal claim if the claim arises from a "common nucleus

Cali - SMJ

In CA, all counties have one superior court that exercises general SMJ over civil matters not within the exclusive jurisdiction of another c

Cali - Limit Civil Case

A limited civil case is a case where the amount in controversy is $25k or less. Limited civil cases DO NOT have SMJ over equitable claims, d

Cali - Unlimited Civil Case

An unlimited civil case is a case where the amount in controversy exceeds $25k. Unlimited civil cases allow for a full range of pleadings, m

Cali - Reclassficiation

A court may reclassify a case from limited to unlimited or vice versa. The court will reclassify from an unlimited to limited if D can show

Removal Jurisdiction

Only a D may remove a case from state court to federal court. Removal is properly only if the case could have been heard in federal court (S

Remand

A P can file a motion to have the case remanded back to state court. The court must remand whenever it is shown there was not federal SMJ. H

Venue

Venue relates to the proper district in the federal system to hear a case. A venue is proper in 1) any district where ALL of the D's reside

Transfer from Improper Venue

If the original venue is improper, the court will transfer the case "in the interest of justice" to a district that has a basis for PJ and v

Venue - Transfer - Interests of Justice

Transferring the action to another venue as opposed to dismissing the action would be in the interest of justice because...

Transfer from a Proper Venue

Even if original venue is proper, the court may transfer the case for convenience of the parties to another district where the action might

Venue - Transfer - Convenience

Transferring to the State B is convenient for the D because ________, therefore, it is (or is not) in the interests of justice and not dismi

Forum Non Conveniens

If transfer to another court is impossible (e.g. foreign country), the court will dismiss or stay the case for the convenience of the partie

Forum Non Conveniens - Public Factors

Important public factors for the court to consider are the availability of alternative forums, the plaintiff's choice of forum, and the foru

Forum Non Conveniens - Private Factors

Important private factors for the court to consider are the convenience of the parties and witnesses, the location of the evidence, and wher

CA Venue: Actions Involving Land

The property venue for actions involving land is the county court where the land is located. Here,

CA Venue: All Actions NOT Involving Land

The proper venue for all other actions not involving land are 1) in a county where any D resides, OR 2) in a K action, the county where the

CA Venue: Actions Against Businesses

Venue in an action against a corporation, unincorporated association, or partnership is proper 1) in a county where the K was made or to be

CA Venue: Transfer of Venue

A transfer can ALWAYS be made when venue is improper. Also, a transfer can be made if venue is proper if: 1) there is reason to believe that

CA Venue: Forum Selection Clause

Reasonable forum selection clauses in K's are enforceable in CA, thus requiring the action to be filed in another STATE. Here, (ie.e. you c

CA Venue: Venue Selection Clause

Venue selection clauses are UNENFORCEABLE in CA. Here,

CA Venue: Inconvenient Forum - Writing Template

Venue (in current forum) Inconvenient Forum - Public Factors - Private Factors Conclusion

Erie Doctrine

In a diversity cases, federal courts apply the state substantive law, but must apply federal procedural rules. If the law is "arguably proce

CA: Federal Courts in CA

A federal court in CA sitting in diversity MUST apply CA's conflicting laws rules in determining the applicable substantive law. CA resolves

CA: Federal Courts in CA: Tort Actions - Government Interest Approach

The court first determines whether the laws of the 2 (or more) sates are identical. If they are not, the court evaluates whether each state

CA: Federal Courts in CA: Contract Actions - Choice of Law Clause

If the choice of law clause in a contract encompasses all causes of action, the court must determine whether the clause is enforceable by ex

Pre-Trial Pleadings and Issues: Services of Process

P must give notice by delivering a summons AND a copy of the complaint. Service can be served by any non-party within 90 days of filing. Ser

Pre-Trial Pleadings and Issues: Services of Process - Waiver By Mail

P can mail a copy of the complaint and two copies of a waiver form. D has 30 days (20 in CA) to return the executed waiver form, then P must

Pre-Trial Pleadings and Issues: Pleadings - Complaint

Federal courts use notice pleading. The complaint must include: 1) a statement of SMJ, 2) a short and plain statement of a plausible claim s

Pre-Trial Pleadings and Issues: Pleadings - Answer

Answer must 1) admit 2) deny or 3) state a lack of sufficient information, which acts as a denial (info must not be in D control). Failure t

Pre-Trial Pleadings and Issues: Pleadings - 12b Motion to Dismiss

These defenses can be put in either a motion to dismiss or in the answer. The waivable "use it or lose it" defenses that must be in 1st resp

Pre-Trial Pleadings and Issues: Pleadings - 12b Motion to Dismiss: CALIFORNIA

CA Lack of PJ must be raised by a motion to quash service of summons or motion to set aside default. Here, Lack of SMJ must be raised by me

Pre-Trial Pleadings and Issues: Pleadings - CA Anti SLAPP Motion to Strike

CA has a second motion to strike when the P has filed a "strategic lawsuit against public participation." D must make a threshold showing th

Pre-Trial Pleadings and Issues: Pleadings - CA Anti SLAPP Motion to Strike - SLAPP Back Motion

A D who prevails on an Anti SLAPP motion may bring a SLAPP Back motion, i.e. a cause of action for malicious prosecution. Here,

Pre-Trial Pleadings and Issues: Counterclaim

An offensive claim against an opposing party (e.g. D vs P)

Pre-Trial Pleadings and Issues: Compulsory Counterclaim

A claim by D arising from the same T/O as P's claim and must be filed with D's answer or claim is waived. Here,

Pre-Trial Pleadings and Issues: Permissive Counterclaim

A claim by D NOT arising from the same T/O as P's claim and can be filed with D's answer or asserted in a separate case. Here,

Pre-Trial Pleadings and Issues: Counterclaims: Supplemental Jurisidiction

The limitation on diversity cases does not apply to claims by D. (only applies to P). Here,

Pre-Trial Pleadings and Issues: Cross Claims

An offensive claim against a co-party. The claim must arise from the same T/O as the underlying action and must satisfy SMJ. Here,

Pre-Trial Pleadings and Issues: Cross Claims: Supplemental Jurisdiction

The limitation on diversity cases does not apply to claims by D (only applies to P).

Pre-Trial Pleadings and Issues: Amendments - Amendment of Right

P has the right to amend once within 21 days after D serves first Rule 12 response. D also has the right to amend once within 21 days of ser

Pre-Trial Pleadings and Issues: Amendments - Relation Back Doctrine: Adding Claims

Amendments that add a claim after the statute of limitations "relate back" to the date the original pleading was filed if the new claim rela

Pre-Trial Pleadings and Issues: Amendments - Relation Back Doctrine: Adding New Parties

New parties may be added within 120 days of filing it it 1) concerns the same T/O and 2) P sued the wrong party, but D knew or should've kno

Pre-Trial Pleadings and Issues: Amendments - Relation Back Doctrine: Doe Defendants (CA)

CA allows P to sue fictitious "Doe" defendants and amend the complaint to substitute true names later. This is a much looser standard than t

Pre-Trial Pleadings and Issues: Amendments - Supplemental Pleadings

These set forth things that happened after the pleading was filed so they could not be included in the original pleading. Here,

Pre-Trial Pleadings and Issues: Amendments - Rule 11

When a lawyer or pro-se party signs documents (other than discovery), she is certifying that to the best of her knowledge, after a reasonabl

Joinder of Parties - Compulsory Joinder of Parties

Absent parties should be joined if they are necessary and joinder is feasible.

Joinder of Parties - Compulsory Joinder of Parties: Necessary

A party is necessary if: 1) complete relief cannot be given to existing parties without Absentee, 2) Absentee's interests may be harmed if h

Joinder of Parties - Compulsory Joinder of Parties: Feasibility

Joinder is feasible if the court has PJ over him and his joinder will not destroy diversity. If Absentee can't be joined, the court must eit

Joinder of Parties - Permissive Joinder

Co-plaintiffs and co-defendants MAY be joined if: 1) the claims arise from the same T/O AND 2) there is a common question of fact or law amo

Joinder of Claims - Class Action

A class action is only proper if 1) the initial requirements are met and 2) the claim falls within one of the three class actions types of s

Joinder of Claims - Class Action Requirements (CANT)

The initial requirements for a class action are 1) commonality, 2) adequate and fair representation, 3) numerousity, and 4) typicality.

Joinder of Claims - Class Action Requirements (CANT): Commanilty

The questions of law or fact must be common to all the members of the class. Here,

Joinder of Claims - Class Action Requirements (CANT): Adequate and Fair Representation

The named plaintiff must fairly and adequately protect all the interests of the class members. Here,

Joinder of Claims - Class Action Requirements (CANT): Numerousity

The class must be so numerous that joinder of all members is impracticable. Here,

Joinder of Claims - Class Action Requirements (CANT): Typicality

The claims of all named plaintiffs' claims and defenses are typical of the class. Here,

Joinder of Claims - Class Action Types: Prejudice

Class action necessary to avoid harm to individual class members who might be left out (e.g. claims to a common fund). No notice requirement

Joinder of Claims - Class Action Types: Injunction/Declaratory Judgment

Class is not seeking money damages because class members were treated alike by other party (e.g. employment discrimination). No notice requi

Joinder of Claims - Class Action Types: Damages

Class has a common question that predominates over individual questions AND class actions is the superior method to handle the dispute (e.g.

Joinder of Claims - Impleader

D brings in 3rd party defendant for indemnity/contribution. Diversity - 3P's citizenship is relevant because 3P Plaintiff v 3P Defendant cla

Joinder of Claims - Interpleader

Property holder or stake holder forces claimants into single suit to determine ownership/rights.

Joinder of Claims - Interpleader: Rule 22

Complete diversity, $75k+, or federal questions, PJ

Joinder of Claims - Interpleader: Statutory

Minimum diversity (2 claims diverse) and $500+, deposit required, nationwide service

Discovery - FRP

A party may seek to obtain any non-privileged matter that is relevant to any claim or defense. However, the moving party must show that the

Discovery - CA

The California standard is broader than the federal rule. A party may discover any non-privileged matter that is "relevant to the subject ma

Discovery - Work Product

Materials prepared in anticipation of litigation are protected from discovery unless P can show a substantial need and no alternative means.

Required Disclosures

Generally, within 14 days of Meet and Confer, each party must disclose 1) identity of persons with discoverable info, 2) documents and thing

Discovery Tools

Information from parties and non-parties can be obtained through depositions, interrogatories, requests for admissions/production, and medic

Sanctions

Sanctions are warranted when there is a partial or total noncompliance with discovery rules. The party seeking sanctions must certify they t

Trial Issues - Summary Judgment

A summary judgment motion must be granted if, from the pleadings, affidavits, and discovery materials, there is no genuine issue of material

Trial Issues - 7th A Right to Jury Trial

The 7th A preserves the right to a jury trial if the amount in controversy exceeds $20 and the plaintiff is seeking legal, not equitable rel

Trial Issues - Judgment as a Matter of Law

A JMOL is a motion brought after the other side has been heard at trial that allows the judge to decide the case if reasonable people could

Trial Issues - Renewed Motion for Judgment as a Matter of Law

A RJMOL is the same standard as the JMOL but comes up after trial after the jury returns a verdict that reasonable people could not have rea

Trial Issues - Motion for a New Trial

A judge may require a new trial within 10 days of judgment on the basis of prejudicial errors, new evidence, or misconduct. If the damages a

Final Judgement Rule

Generally, a party may only appeal after a final judgment on the merits of the case. Final judgment must be appealed within 30 days. Here,

Final Judgment Rule - Appeal by Writ

A party can seek an extraordinary writ of mandamus upon showing that irreparable harm would result if the normal appeals process were follow

Final Judgment Rule - Interlocutory (non-final) Review

The exceptions to the FJR are pretrial orders involving injunctions, final judgment on collateral matters, or when there is a substantial di

Claim Preclusion (Res Judicata)

Claim Preclusion bars relitigation of the 1) same cause of action 2) between the same P and D 3) if the earlier case ended in a valid judgme

Claim Preclusion - Same Cause of Action

Res judicata applies only if the cause of action in the first suit is the same as that being brought in the second suit. A cause of action i

Claim Preclusion - Same Parties

Res judicata applies ONLY if the parties from the first suit and the second suit are the same parties in the SAME CONFIGURATION. Here,

Claim Preclusion - Valid Final Judgment

A judgment is final if it is one that disposes of the whole case by rendering final judgment not only as to all parties but as to all causes

Claim Preclusion - On the Merits

A judgment is on the merits so long as it was not an involuntary dismissal for lack of PJ, SMJ, Venue, or failure to join an indispensable p

Issue Preclusion (Collateral Estoppel)

Issue preclusion bars re-litigation of a particular issue between parties when: 1) there was an earlier valid final judgment, 2) on the meri

Issue Preclusion - Non-Parties

Traditionally, issue preclusion could not be used against a non-party because this would violate due process. However, modern law allows iss