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California Supplement to Bar Exam > California Civil Procedure > Flashcards

California Civil Procedure Flashcards

1
Q

Subject Matter Jurisdiction (California)

A

Classification of cases based on the amount in controversy: small claims, limited, and unlimited. Rule: CCP § 85-86

Example sentence: Understanding subject matter jurisdiction is crucial for determining which court has the authority to hear a particular case.

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2
Q

Small Claims Division (California)

A

Jurisdiction for cases where the amount in controversy does not exceed $10,000 for individuals and $5,000 for businesses. Annual limitation of two actions exceeding $2,500. Rule: CCP § 116.220

Example sentence: Small claims division provides a streamlined process for resolving disputes involving smaller amounts of money.

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3
Q

Limited Civil Cases (California)

A

Cases with demands of or property worth $25,000 or less. Differences include lower costs, limited discovery, and no injunctions. Rule: CCP § 85

Example sentence: Limited civil cases are ideal for handling legal matters involving relatively small sums of money.

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4
Q

Unlimited Civil Cases (California)

A

Cases where the court can award any amount, has extensive discovery, and can provide various kinds of relief. Rule: CCP § 88

Example sentence: Unlimited civil cases offer a wider range of remedies and typically involve higher stakes.

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5
Q

Reclassification (California)

A

Process of reclassifying cases between limited and unlimited based on the potential amount of recovery. Rule: CCP § 403.040

Example sentence: Reclassification allows for adjustments in the handling of cases as new information emerges.

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6
Q

Aggregation of Claims (California)

A

Aggregation is allowed virtually any way possible, determining jurisdiction based on combined claims. Rule: CCP § 1048

Example sentence: Aggregation of claims can impact the court’s jurisdiction by combining related legal matters.

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7
Q

DELETE Personal Jurisdiction (California)

A

Court’s authority over a particular person or property, using domicile, personal service, or consent. Rule: CCP § 410.10

Example sentence: Personal jurisdiction ensures that the court has the power to make decisions affecting individuals or their property.

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8
Q

DELETE Internet Cases (California)

A

Jurisdiction based on intentional business conducted within California via the internet. Rule: CCP § 410.10

Example sentence: Internet cases raise unique jurisdictional issues due to the nature of online commerce.

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9
Q

Improper Joinder (California)

A

A plaintiff may not obtain venue by joining a defendant who is not a proper party. Rule: CCP § 379

Example sentence: Improper joinder can complicate legal proceedings by involving parties who are not relevant to the case.

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10
Q

Local Actions (California)

A

Actions involving real property or community property, venue lies where the property is located. Rule: CCP § 392

Example sentence: Local actions focus on legal disputes that directly impact real estate or shared community assets.

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11
Q

Transitory Actions (California)

A

Actions that could occur in any location, venue is where the defendant is located. Rule: CCP § 393

Example sentence: Transitory actions can be brought in various locations based on the defendant’s presence.

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12
Q

Mixed Actions (California)

A

Actions involving both local and transitory issues, venue determined by main relief sought. Rule: CCP § 395

Example sentence: Mixed actions require careful consideration of venue based on the primary legal issues involved.

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13
Q

Transfer of Venue (California)

A

Motion to transfer venue for impartial trial, convenience of witnesses, or no qualified judge. Rule: CCP § 397

Example sentence: Transfer of venue can be requested to ensure a fair and efficient legal process.

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14
Q

Forum Non Conveniens (California)

A

Court may dismiss an action if it should be heard in another forum. Rule: CCP § 410.30

Example sentence: Forum non conveniens allows for the dismissal of cases that would be more appropriately handled in a different jurisdiction.

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15
Q

Pleadings and Service of Process (California)

A

Includes complaints, demurrers, answers, and cross-complaints. Service must be within three years or sixty days for Fast Track cases. Rule: CCP § 583.210

Example sentence: Proper pleadings and service of process are essential for initiating and responding to legal actions.

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16
Q

Methods of Responding to Pleadings (California)

A

Includes answers, general denials, and affirmative defenses. Default judgment if the defendant fails to respond. Rule: CCP § 431.30

Example sentence: Understanding the methods of responding to pleadings can help parties protect their legal rights in court.

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17
Q

Default Judgment (California)

A

Procedure for obtaining a default judgment if the defendant fails to respond to a pleading. Rule: CCP § 585

Example sentence: Default judgment may be issued when a defendant fails to participate in the legal process.

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18
Q

Amendment of Pleadings (California)

A

Pleadings may be amended before an answer is filed or later with the court’s permission. Rule: CCP § 473

Example sentence: Amendment of pleadings allows parties to correct errors or add new information to their legal documents.

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19
Q

Fictitious Names (California)

A

Permitting listing of Doe defendants when the plaintiff does not know the name of a defendant. Rule: CCP § 474

Example sentence: Fictitious names are used in legal proceedings to account for unknown parties involved in a case.

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20
Q

Relation Back (California)

A

Allows an amended complaint to relate back to the original complaint for statute of limitations purposes. Rule: CCP § 474

Example sentence: Relation back doctrine can preserve a plaintiff’s legal claims even if they are amended after the statute of limitations has expired.

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21
Q

DELETE Statutes of Limitations (California)

A

Rules on when the cause of action accrues and the delayed discovery rule. Rule: CCP § 335-349.4

Example sentence: Statutes of limitations establish time limits for filing legal claims and protect defendants from stale allegations.

22
Q

Joinder of Parties (California)

A

Mandatory and permissive joinder of parties, including indispensable and conditionally necessary parties. Rule: CCP § 378-379

Example sentence: Joinder of parties ensures that all relevant individuals are included in a legal action for efficient resolution.

23
Q

Class Actions (California)

A

Certification of class actions based on common interest or numerous parties. Rule: CCP § 382

Example sentence: Class actions allow multiple individuals with similar claims to join together in a single lawsuit for collective relief.

24
Q

Interpleader (California)

A

Device in contract or property action to join all adverse claimants in the same action. Rule: CCP § 386

Example sentence: Interpleader can help resolve disputes involving competing claims to the same property or funds.

25
Q

Intervention (California)

A

Permitting a third person to become a party to an action or proceeding. Rule: CCP § 387

Example sentence: Intervention allows interested parties to participate in a legal case to protect their rights or interests.

26
Q

Impleader (California)

A

Bringing in a third party who may be liable for the plaintiff’s claim. Rule: CCP § 428.10

Example sentence: Impleader allows defendants to involve additional parties who may share responsibility for the legal dispute.

27
Q

Remedy for Frivolous Pleadings (California)

A

Judges may impose sanctions for frivolous tactics or delay. Rule: CCP § 128.7

Example sentence: Frivolous pleadings can lead to legal consequences for parties who abuse the court process.

28
Q

Vexatious Litigators (California)

A

Courts may require a vexatious litigator to obtain leave of court before filing new claims. Rule: CCP § 391

Example sentence: Vexatious litigators may face restrictions on their ability to file new lawsuits without court approval.

29
Q

DELETE Discovery (California)

A

Scope of discovery, including depositions, interrogatories, requests for production, and requests for admission. Rule: CCP §

Example sentence: Discovery allows parties to gather evidence and information to prepare for trial in civil litigation.

30
Q

DELETE Frivolous Pleadings (California)

A

Judges may impose sanctions for frivolous tactics or delay. Rule: CCP § 128.7

Example: The judge imposed sanctions on the attorney for filing a frivolous pleading.

31
Q

DELETE Vexatious Litigators (California)

A

Courts may require a vexatious litigator to obtain leave of court before filing new claims. Rule: CCP § 391

Vexatious litigators are individuals who repeatedly file baseless lawsuits.

32
Q

DELETE Discovery (California)

A

Scope of discovery, including depositions, interrogatories, requests for production, and requests for admission. Rule: CCP § 2017.010

Discovery is a crucial part of the litigation process for gathering evidence.

33
Q

Expert Trial Witness Exchange (California)

A

Exchange of expert witness information after setting the initial trial date is required by both parties. Rule: CCP § 2034.210

Expert witnesses provide specialized knowledge in trials to help the court understand complex issues.

34
Q

DELETE Discovery Sanctions (California)

A

Types of sanctions for misuse of the discovery process. Rule: CCP § 2023.030

Sanctions can include monetary fines or limitations on evidence.

35
Q

DELETE Privileges (California)

A

Main privileges include attorney-client privilege, attorney work-product privilege, and privacy rights. Rule: CCP § 2018.030

Privileges protect certain communications and information from disclosure in court.

36
Q

DELETE Summary Judgment (California)

A

A party may move for summary judgment if there is no triable issue of fact. Rule: CCP § 437c

Summary judgment can help expedite the resolution of a case without a full trial.

37
Q

Judgment on the Pleadings (California)

A

Motion for judgment on the pleadings, challenging the sufficiency of the opposing party’s pleadings. Rule: CCP § 438

This motion is made before any evidence is presented in court.

38
Q

Voluntary Dismissal (California)

A

The plaintiff may dismiss her complaint or any cause of action asserted in it before the actual commencement of trial. Rule: CCP § 581

Voluntary dismissal allows the plaintiff to end the case without prejudice.

39
Q

Involuntary Dismissal (California)

A

Court may dismiss an action due to failure to prosecute, lack of service, or failure to bring the action to trial within the statutory period. Rule: CCP § 583.410

Involuntary dismissal is typically a final decision by the court.

40
Q

Pre-Trial Conferences (California)

A

Held to set the date and time of trial, determine trial procedures, and finalize witness and exhibit lists. Rule: CCP § 575

Pre-trial conferences help streamline the trial process.

41
Q

Severance or Consolidation of Issues for Trial (California)

A

Court may order separate trials or joint hearings based on convenience and to avoid prejudice. Rule: CCP § 1048

Severance or consolidation helps manage complex cases more efficiently.

42
Q

Trial by Jury (California)

A

Jury verdicts need not be unanimous; agreement by three-fourths of jurors is sufficient. Rule: CCP § 618

Jury trials are a fundamental right in many legal systems.

43
Q

Directed Verdict (California)

A

Motion for directed verdict (JMOL) at the close of evidence. Rule: CCP § 630

A directed verdict is requested when the evidence is so one-sided that a verdict in favor of one party is legally required.

44
Q

Judgment Notwithstanding the Verdict (JNOV) (California)

A

Post-trial motion challenging the jury’s verdict. Rule: CCP § 629

JNOV is granted when the jury’s decision is clearly against the weight of the evidence.

45
Q

DELETE Motion for New Trial (California)

A

Statutory grounds for granting a new trial, including jury misconduct and newly discovered evidence. Rule: CCP § 657

A new trial may be granted if there were errors during the original trial.

46
Q

Relief from Judgment (California)

A

Relief for mistake, inadvertence, surprise, or excusable neglect. Rule: CCP § 473

Relief from judgment is a remedy for parties who have made errors in the legal process.

47
Q

Primary-Rights Doctrine (California)

A

Determines whether a litigant can bring a new cause of action in a subsequent lawsuit based on separate primary rights. Rule: CCP § 1048

The primary-rights doctrine helps prevent multiple lawsuits over the same underlying issue.

48
Q

Res Judicata and Collateral Estoppel (California)

A

Prevention of re-litigation of matters decided in prior adjudications. Rule: CCP § 1908

Res judicata and collateral estoppel promote finality and judicial economy.

49
Q

Finality of Judgment (California)

A

Defines the parties bound by a judgment and expanded definition of privity. Rule: CCP § 1908

Finality of judgment is important for the enforcement of legal rights.

50
Q

Appeal (California)

A

An appeal may be taken only from the final judgment, and specific orders are appealable. Rule: CCP § 904.1

Appeals provide a mechanism for reviewing errors made during the trial process.

51
Q

Alternative Dispute Resolution (California)

A

Includes arbitration, mediation, and negotiation with special rules for contractual and judicial arbitration. Rule: CCP § 1280-1294.2

ADR methods offer parties a way to resolve disputes outside of traditional litigation.

California Supplement to Bar Exam (8 decks)

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