CIV PRO Flashcards
A corporation is subject to general in personam Jx in Georgia If:
It is authorized to transact business in GA and its business activities w/in the state are sufficiently continuous and systemic such that it is essentially at home in GA.
A corporation is also subject to general Jx if it is incorporated in GA.
Transacting business in GA, under the right circumstances, might subject a corporation to specific Jx under the long arm statute, but not general Jx. The fact that one of its EEs resides in GA or holds an annual meeting in GA IS NOT A BASIS FOR EXERCISING GENERAL JX over a corporate defendant.
What is NOT a statutory basis for exercising personal (specific) Jx under the logn arm statute over a nonresident?
A. Committing defamation in GA
B. Creating a private nuisance in GA
C. Being named in an action for alimony or child support in GA
D. Owning, using or possessing property in GA.
A: Committing Defamation in GA will not support specific Jx over a D under the long arm statute.
The long arm statute provides for Jx over nonrsidesnts of GA but applies ONLY to claims arising from certain acts or omissions:
(1) Transacting business in GA;
(2. ) Committing any tortuous act except for defamation in GA;
(3. ) Committing a tortuous act or omission out of state that injures P in GA, but only if the D does or soliicits business in GA, engages in some persistent course of conduct in GA, or derives substantial revenue from goods used or consumed in GA;
(4. ) Owning, issuing or possessing real property in GA; and
(5. ) Being named in an alimony action for alimony, child support, or division of property in a divorce action or independent action for support of dependents.
Superior courts have exclusive trial Jx over:
A. Cases pertaining to title to land & breach of K.
B. Divorce and breach of K cases.
C. Divorce and felony criminal cases.
D. Breach of K and felony criminal cases.
C. DIVORCE & BREACH OF K cases.
What kinds of cases to superior courts have exclusion trial Jx over?
- Divorce
- felony criminal cases.
- Cases pertaining to title to land
- Suits seeking affirmative equitable relief, including declaratory judgment.
Superior Courts in GA had non-exclusive trial JX over all other cases except
Those placed in the exclusive Jx of another court, without regard to the amount in controversy.
Superior court can issue process in the nature of :
- Habeas corpus
- Mandamus
- Prohibition
- Quo Warranto
- Other extraordinary relief.
Superior courts in GA have de novo appellate Jx over:
A/: Final dispositions from the magistrate court and over most decisions of the probate court.
In magistrate courts, the civil procedure act ….
Does not apply & jury trials are NOT held.
Each county has a magistrate court, which serves as small claims court.
The magistrate court can hear any civil case NOT vested in the exclusive Jx of the superior court and in which the amt in controversy does not exceed $15,000.
How many magistrate courts?
Each county has a magistrate court which serves as a small claims court.
The magistrate court can hear what kind of cases?
Any civil case not vested in the exclusive Jx of the superior court and in which the amount in controversy does not exceed $215,000. The magistrate court may also hear dispossesory warrant proceedings w/out regard to the amount in controversy.
Proceedings in the magistrate court are reviewed under what standard by the state or superior court?
de novo.
Proceedings in the magistrate court are reviewed under what standard by the state or superior court?
de novo.
Under the doctrine of forum non conveniens, the court will _____ a case if it finds another state is the more convenient forum, and will ___ a case if it finds another county is the more convenient forum.
Dismiss / Transfer.
If the case is dismissed, the D must agree to waive any SOL defenses in the new state.
For venue purposes in GA state court, a corporation always resides in the county in which it has:
Its registered office.
There may be other places of proper venue depending on the type of action, but the county of its registered office will always be a place of proper venue.
Plaintiff sues Defendant A and Defendant B in state court in the county where A lives. At trial, Defendant A is found not to be liable. Defendant B is ______.
Entitled to retrial in a county with proper venue as to him.
If all defendants who reside in the county of original venue were discharged from liability, whether before or even after the return of a verdict, the remaining defendant(s) may seek transfer to a venue that is proper as to them.
If there is more than one proper venue, the Plaintiff may chose among them. This is called the “vanishing venue” problem.
If a doctor commits medical malpractice on January 1, 2010, but his negligence does not carry any harm to patient until June 1, 2014, is the injured patient’s malpractice suit against the doctor timely filed on Janruary 1, 2016?
No, because it is outside the 5 year statute of ultimate repose.
SOL for med mal is generally 2 years from injury.
Actions for a foreign object left in the patient’s body must be brought not later than _____ years after discovery of the negligent or wrongful act or omission.
1 year
However, these periods may be cut short by the statute of ultimate repose, which sets an outside limit of 5 years from the negligent or wrongful act or omission.
Actions for a foreign object left in the patient’s body must be brought not later than _____ years after discovery of the negligent or wrongful act or omission.
1 year
However, these periods may be cut short by the statute of ultimate repose, which sets an outside limit of 5 years from the negligent or wrongful act or omission.
Generally, a SOL will be tolled if:
The plaintiff is a minor, EXCEPT in med. mal. cases.
If a child of 5 years or older is injured, the usual ___ year SOL applies.
2
If a child under 5 years is injured, she has ___ years from ___ to sue.
2 years from the date of the 5th birthday.
However, the SUR sets an outside limit of 5 years from the date the negligence occurred or the child’s tenth birthday, whichever is later.
