Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

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

1) Jurisdiction + Venue: CA Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

SMJ: rule

A

cases sorted by amount in controversy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

SMJ: kinds of cases

A

1) SC
2) limited
3) unlimited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

SMJ: SC: rule

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

SMJ: limited: where

A

can sometimes be brought in SC division

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

SMJ: limited: rule

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

SMJ: limited: remedies

A

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

2) no injunctions or entitlements to real property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

SMJ: limited: dy

A

1 depo, 35 irogs or doc rqs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

SMJ: limited: advantages

A

1) lower costs

2) faster

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

SMJ: reclassification: easier to

A

move up (limited to unlimited)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

SMJ: reclassification: reclassify upward rule

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

SMJ: reclassification: reclassify downward rule

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

aggregate value of all claims determines j

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

SMJ: aggregation: multiple Ps and single D

A

aggregate value of all claims determines j

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

case qualifies for unlimited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

SMJ: if no smj, result?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

PJ: CA: overlap w fed + statute

A

very similar

CA’s statute “full extent of DPC”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

PJ: 3 kinds

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

PJ: in personam: subcategories

A

1) traditional ways +

2) long arm statutes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

PJ: in personam: traditional: ways

A

1) domicile
2) personal service
3) consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

PJ: in personam: traditional: domicile (Def)

A

ppl: residence in CA
companies: hq or registered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

PJ: in personam: traditional: consent: ways

A

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

nothing about contacts!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

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

A

appearsw/o challenging PJ

24
Q

PJ: long arm statutes: ways:

A

1) general

2) specific

25
Q

PJ: long arm statutes: general: rule

A

CA courts have gen j over D “essentially at home” in the state

26
Q

PJ: long arm statutes: specific j: rule

A

court only has j. over claims related to CONTACTS D has had w the state

27
Q

PJ: long arm statutes: specific j: contacts must be

A

1) purposeful
2) give rise to the lawsuit
3) j. is consistent w traditional notions of fair play + substantial justice

28
Q

PJ: long arm statutes: specific j: minimum contacts def:

A

travels into state
sends products into the state
maintains an office in the state
(or could be other stuff)

29
Q

PJ: long arm statutes: specific j: minimum contacts: internet: rule

A

can have conduct over the internet, but must have intentionally conducted business in CA

30
Q

PJ: in rem j: def

A

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
Q

PJ: quasi in rem j: def

A

used to executed judgments (attaching a lien)

32
Q

PJ: quasi in rem: j over ppl?

A

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
Q

SMJ: how to challenge

A

demurrer

34
Q

PJ: how to challenge

A

mxn to quash

35
Q

SMJ/PJ: how to challenge

A

must do SPECIAL APPEARANCE (if do regular appearance or file answeryou’re conceding j).

36
Q

PJ: how to challenge: what if file demurrer

A

court can get pj! (consent by mistaken appearance)

37
Q

venue: improper joinder

A

can’t get venue solely by joining an improper party (suing someone you dnn to sue)

38
Q

venue: kinds

A

1) local
2) transitory
3) mixed

39
Q

venue: local (def + rule)

A

def: actions that involve real property or community property
rule: file where the property is located

40
Q

venue: transitory; def + rule

A

def: actions that could occur in any location (Nonproperty issues at stake)
rule: venue is usu proper where D located

41
Q

venue: mixed actions: def + rule

A

def: combo of local + transitory
rule: court balances to determine real nature of claim and assigns venue based on that

42
Q

venue: special cases: personal injury

A

EITHER

1) county where any D lives
2) county where COA arose

43
Q

venue: special cases: wrongful death

A

EITHER

1) county where any D lives
2) county where COA arose

44
Q

venue: special cases: child support enforcement

A

county where child resides

45
Q

venue: specila cases: actions on a k

A

county:
where D lives OR
where k is to be performed OR
where k entered into

46
Q

transferring venue: how

A

mxn transfer

47
Q

transferring venue: rule

A

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
Q

forum non conveniens: rule

A

court can dismiss action if more convenient forum exists outside CA (even if CA has j!)
(can be outside states)

49
Q

forum nonconveniens: test

A

convenience (parties, wits, evidence)

balance interests of each state and party: (kinds)

50
Q

forum nonconveniens: result

A

court can
1) stay action in CA OR
2) dismiss
highly discretionary

prereq for dismissal: suitable forum exists + will provide valid judgment

51
Q

forum nonconveniens: test: kinds of interests

A

1) public factors

2) private factors

52
Q

forum nonconveniens: test: public factors: def

A

interests of state
court congestion, obligations on unrelated jurors
amount of local interest
court familiarity w the law

53
Q

forum nonconveniens: test: private factors: Def

A

interests of parties

ease of access to proof
availability of wits
distance from property at issue

54
Q

choice of law: def

A

whose law applies?

55
Q

choice of law: k

A

if k includes choice of law provision courts will enforce

56
Q

choice of law: general: test

A

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)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions