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Bar CA Civ Pro > 1) Jurisdiction + Venue: CA > Flashcards

1) Jurisdiction + Venue: CA Flashcards

(56 cards)

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1
Q

SMJ: rule

A

cases sorted by amount in controversy

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2
Q

SMJ: kinds of cases

A

1) SC
2) limited
3) unlimited

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3
Q

SMJ: SC: rule

A

amt in controversy DNE $10k if brought by individual, or $5k if brought by business or other entity

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4
Q

SMJ: SC: annual limit

A

no person can file more than 2 SC cases in which amt demanded exceeds $2,500 in any calendar year

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5
Q

SMJ: limited: where

A

can sometimes be brought in SC division

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6
Q

SMJ: limited: rule

A

value of the property in controversy = $25k or less

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7
Q

SMJ: limited: remedies

A

1) court dn have power to award damages over $25k

2) no injunctions or entitlements to real property

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8
Q

SMJ: limited: dy

A

1 depo, 35 irogs or doc rqs

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9
Q

SMJ: limited: advantages

A

1) lower costs

2) faster

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10
Q

SMJ: reclassification: easier to

A

move up (limited to unlimited)

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11
Q

SMJ: reclassification: reclassify upward rule

A

can reclassify as unlimited when reasonable possibility that amt in controversy will exceed 25k

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12
Q

SMJ: reclassification: reclassify downward rule

A

can reclassify downward as limited when: 25k or more is virtually unobtainable (MOLish)

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13
Q

SMJ: aggregation: 1 P, 1 D, multiple COAs

A

aggregate value of all claims determines j

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14
Q

SMJ: aggregation: multiple Ps and single D

A

aggregate value of all claims determines j

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15
Q

SMJ: aggregation: single P sues single D for more than $25k, and sues another D for less

A

case qualifies for unlimited

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16
Q

SMJ: if no smj, result?

A

usu not dismissed, instead transferred to appropriate court (can do mxn transfer)

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17
Q

PJ: CA: overlap w fed + statute

A

very similar

CA’s statute “full extent of DPC”

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18
Q

PJ: 3 kinds

A

1) in personam
2) in rem
3) quasi in rem

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19
Q

PJ: in personam: subcategories

A

1) traditional ways +

2) long arm statutes

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20
Q

PJ: in personam: traditional: ways

A

1) domicile
2) personal service
3) consent

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21
Q

PJ: in personam: traditional: domicile (Def)

A

ppl: residence in CA
companies: hq or registered

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22
Q

PJ: in personam: traditional: consent: ways

A

1) mistaken appearance
2) deliberate appearance (like consent)
3) contract

nothing about contacts!

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23
Q

PJ: in personam: traditional: consent: ways: mistaken appearance (def)

Study These Flashcards
A

appearsw/o challenging PJ

24
Q

PJ: long arm statutes: ways:

Study These Flashcards
A

1) general

2) specific

25
PJ: long arm statutes: general: rule
CA courts have gen j over D "essentially at home" in the state
26
PJ: long arm statutes: specific j: rule
court only has j. over claims related to CONTACTS D has had w the state
27
PJ: long arm statutes: specific j: contacts must be
1) purposeful 2) give rise to the lawsuit 3) j. is consistent w traditional notions of fair play + substantial justice
28
PJ: long arm statutes: specific j: minimum contacts def:
travels into state sends products into the state maintains an office in the state (or could be other stuff)
29
PJ: long arm statutes: specific j: minimum contacts: internet: rule
can have conduct over the internet, but must have intentionally conducted business in CA
30
PJ: in rem j: def
gives court pj over property in CA results in no personal liability/obligation on a person, just the interests of all ppl in the property
31
PJ: quasi in rem j: def
used to executed judgments (attaching a lien)
32
PJ: quasi in rem: j over ppl?
No! dn etablish pj over property owner BUT, if someone enters the suit to defend interest int he property, that person is subject ot pj
33
SMJ: how to challenge
demurrer
34
PJ: how to challenge
mxn to quash
35
SMJ/PJ: how to challenge
must do SPECIAL APPEARANCE (if do regular appearance or file answeryou're conceding j).
36
PJ: how to challenge: what if file demurrer
court can get pj! (consent by mistaken appearance)
37
venue: improper joinder
can't get venue solely by joining an improper party (suing someone you dnn to sue)
38
venue: kinds
1) local 2) transitory 3) mixed
39
venue: local (def + rule)
def: actions that involve real property or community property rule: file where the property is located
40
venue: transitory; def + rule
def: actions that could occur in any location (Nonproperty issues at stake) rule: venue is usu proper where D located
41
venue: mixed actions: def + rule
def: combo of local + transitory rule: court balances to determine real nature of claim and assigns venue based on that
42
venue: special cases: personal injury
EITHER 1) county where any D lives 2) county where COA arose
43
venue: special cases: wrongful death
EITHER 1) county where any D lives 2) county where COA arose
44
venue: special cases: child support enforcement
county where child resides
45
venue: specila cases: actions on a k
county: where D lives OR where k is to be performed OR where k entered into
46
transferring venue: how
mxn transfer
47
transferring venue: rule
court can change place of trial on mxn in these cases: 1) venue is wrong (rules above) 2) impartial trial can't be held 3) no qualified judge 4) convenience (parties, wits, evidence)
48
forum non conveniens: rule
court can dismiss action if more convenient forum exists outside CA (even if CA has j!) (can be outside states)
49
forum nonconveniens: test
convenience (parties, wits, evidence) balance interests of each state and party: (kinds)
50
forum nonconveniens: result
court can 1) stay action in CA OR 2) dismiss highly discretionary prereq for dismissal: suitable forum exists + will provide valid judgment
51
forum nonconveniens: test: kinds of interests
1) public factors | 2) private factors
52
forum nonconveniens: test: public factors: def
interests of state court congestion, obligations on unrelated jurors amount of local interest court familiarity w the law
53
forum nonconveniens: test: private factors: Def
interests of parties ease of access to proof availability of wits distance from property at issue
54
choice of law: def
whose law applies?
55
choice of law: k
if k includes choice of law provision courts will enforce
56
choice of law: general: test
impairment of gvt interests approach 1) is there a true conflict? (of the laws) 2) if yes, comparative impairment--which state's interests would be more impaired if the other state's laws were applied

Bar CA Civ Pro (3 decks)

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