Civ Pro Flashcards
When must you raise Motion to Dismiss for PJ?
The first appearance, some jurisdictions require a special appearance.
How can you get PJ?
- Domicile
- Presence in the state
- Consent
- Long Arm
- Quasi In Rem (Property)
What are the limits on long arm statutes?
Due Process requires:
1. Contacts must be purposeful and substantial such that it is reasonable for a defendant to forsee being hauled into court in the jurisdiction.
2. General or Specific
What is required for General PJ?
General jurisdiction under long arm requires persistent and systematic contacts such that the defendant can be said to be at home in the jurisdiction. Door to this all but closed to those not domiciled in the forum.
Specific PJ
Where the claim that arises closely related to the defendant’s actions in the state you can get specific PJ.
Where is a Corp Domiciled?
State of incorporation and HQ
Where is a person domiciled?
Last state they were present with an intent to remain indefinetly
When can a case be removed?
A defendant can remove a case if it could have been brought in federal court provided:
- No defendant is a domicile of the forum state
- Removed within 1 year, unless bad faith by P
- All defendants must agree
What are the elements of claims Preclusion?
Res Judicata requires:
A valid final judgment on the merits.
What is required for issue preclusion?
Lots of disgression but:
1. Same issue
2. Previously litigated by the defendant
3. Final and valid judgment
4. the issue was essential to the judgment
What is discoverable?
Evidence that is relevant to a party’s claim of defense, regardless of admissibility. It may be evidence that leads to evidence.
How many interrogatories are standard?
25
How many Depositions are standard?
10, for 7 hours
How many requisets for admission are standard?
25
How many requests for production are standard?
2 separate requests
When can parties begin discovery?
After the rule 26(f) conference and report
What is required before filing a motion to compel
Meet and confer
What is required to get a physical or mental exame as discovery?
- Condition must be at issue
- There must be a motion to the court
- Must be done in good cause
- Must provide prior notice of the time, location, conditions and scope of exame
Are parties required to disclose experts?
Only testifying experts, not consualting
When must a testifying expert be disclosed?
When ordered by the court or at least 90 days before trial
Where is venue proper for federal courts?
- Venue where a defendant resides, if all defendants are residents of that district
- A judicial district where a substantial part of the events giving rise to the action occurred.
- If 1 and 2 are out, anywhere you can get PJ
When are you entitled to a jury trial in Federal Court?
The Seventh Amendment provides the right to a jury trial. You can have a jury trial in any legal case involving an amount over $20.
This does not apply to equitable remedies.
What must be included in the complaint?
- A short and plain statement of the facts
- Sufficient to establish the cause of action and entitlement to relief
- A demand for judgment
When is a claim rejected under rule 12(b)(6)?
May be dismissed if it fails to assert a legal theory of recovery that is cognizable at law, or fails to allege facts sufficient to support a claim.
What are the steps for analzing the pleading of a claim?
First, eliminate all legal conclusions.
Second, take all factual allegations as true
Then see if the complaint is pleaded, applying legal knowledge
General Rule on notice pleadings?
Pleadings must contain enough specificity to put the opposing party on notice of the facts.
Special notice pleadings rules?
Under FRCP 9, fraud, mistake, or special damages must be plead with particularity or specificity
What is required for Federal Service of Process?
- Personal service by a person 18 years old and not a party
- Leaving a summons at the persons usual place of residence with a person of suitable age and discretion.
- Delivery to an agent
- Any state approved method
What is service of process in CA?
Same as fed
What is the CA long-arm statute?
Anything legal under constitution
Where is CA Venue approriate
- In a county where any defendant resides
- IN a Persona Injury, where the injury occurs
- In contract, where the contract was signed or where performance is due
- If none of the above, where ever
