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Rules for CA Bar Exam (Attack Sheet) > Civ Pro - Revised > Flashcards

Civ Pro - Revised Flashcards

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1
Q

Bases for personal jurisdiction (generally); general overarching concern

A

Traditional and Modern; fairness to defendant

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2
Q

Traditional (general) basis for personal jurisdiction

A

Consent, domicile, or present in state when served.

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3
Q

Modern (specific) basis for jurisdiction

A

minimum contacts stndard if there is a long-arm statute, and jurisdiction is conistent with constitution

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4
Q

California long arm statute

A

State courts have power over
any person or property up to limits of constitution

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5
Q

Standard for defendant’s contacts to establish jurisdiction

A

Defendant must have sufficient minimum contacts with forum state such that asserting jurisdiction over him does not offend traditional notions of fair play and substantial justice. Look at minimum contacts, relateness of claim to contact with forum, fairness factors.

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6
Q

scope of federal subject matter jurisdiction

A

Federal Questions, or Diversity of Citizenship

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7
Q

Requirements for SMJ under diversity

A

citizens from different states, amount in controversy exceeds $75,000

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8
Q

Complete diversity requirement

A

No plaintiff may be a citizen of the same state as any defendant at the time the action is commenced.

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9
Q

75000 Threshold

A

amount in controversy must EXCEED 75k to establish diversity jurisdiction.

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10
Q

California state court SMJ

A

California has general SMJ over any case not within exclusive jurisdiction of another court.

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11
Q

Classifications of civil cases

A

Unlimited: Superior court, amount in controversy exceeds $25,000.

Limited: Superior court, amount in controversy $25,000 or less. Limitations placed on use of process. Claimant cannot recover more than $25k.

Dmall claims: Small claims court. Individual plaintiff: claim of 10k or less. Business entity: 5k or less.

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12
Q

Supplemental jurisdiction

A

Extends SMJ to include causes of action that wouldn’t qualify for jurisdiction on their own, but additional claim shares common nucleus of operative fact. With a claim that does invoke jurisdiction. Same transaction or occurrence

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13
Q

Pleadings in CA versus Federal Court

A

California: Fact pleading - parties have to plead ultimate facts to support each element of cause of action.

Federal: Notice pleading - Provide opposing party with reasonable notice of the nature and scope of claims

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14
Q

Removal jurisdiction

A

Allows defendant to have case removed from state to federal court where case could have brought in either state or federal court in the first place.

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15
Q

Where is venue proper

A

Federal: where claim arose or land is located (judicial district federal, county for california); where any defendant resides (federal - where any defendant resides if all defendants from same state;

CA: County where claim arose, or county where any defendant resides at time case is filed. If no defendants reside in CA, any county acceptable); where claim arose

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16
Q

Corporate residence for purposes of venue (Federal and State)

A

Federal: all district where subject to personal jurisdiction if the district were a state.

CA: county where they have PPB, where contract entered into or performed, breach occurred, or liability arises

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17
Q

Transfer of Venue - California

A

Can be changed at judge’s discretion where interest of justice and convenience of parties would be served by the transfer.

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18
Q

Transfer of venue - Federal

(Proper original venue, improper original venue)

A

Proper original venue: can be transferred where case could have been filed in new location OR all parties consent, and there is proper PJ, SMJ venue.

If original venue not proper: federal court must dismiss or transfer (if in interest of justice)

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19
Q

Diversity action: Law applicable to procedural issues

A

Federal law (Erie)

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20
Q

Diversity action: Law applicable to substantive issues

A

state law (incl, state of limitations, damages caps, choice of law rules). Why? Prevent forum shopping. (Erie)

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21
Q

Erie Doctrine

A

Principle stating that federal law applies to procedural issues and state law applies to substantive issues when federal court is hearing case through its diversity jurisdiction.

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22
Q

CA: Enforceability of choice of law provision in contract

A

Applies long as there is reasonable basis and doesn’t conflict with ca policy.

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23
Q

California Conflict of law rules - overarching consideration

A

Court looks at comparative impairment to each state’s interest in having its law applied.

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24
Q

Permissive Joinder

A

Plaintiffs and/or defendants can be joined if claims arise from same transaction/occurrence and raise at least one common question of fact or law.

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25
Q

Does a necessary party have to be joined if there is personal jurisdiction? What is the effect on diversity?

A

Necessary party MUST be joined if court has personal jurisdiction, joining doesn’t destroy diversity

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26
Q

For joinder - who is a necessary party?

A

-complete relief not possible
-absent party’s interest harmed if not joined
-absent party subject to multiple inconsistent obligations

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27
Q

Impleader:

A

Defendant party can add third party defendant to seek indemnity, subrogation or contribution. CA calls this a cross-complaint.

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28
Q

Intervention

A

Nonparty claims interest in property on transaction and disposition in absence will impair his rights

29
Q

Interpleader

A

action where property holder forces all claimaints into single lawsuit to avoid multiple and inconsistent litigation.

30
Q

Compulsory counterclaim

A

Counterclaims that must be brought in the action, or waived. From same transaction/occurrence

31
Q

Permissive counterclaim

A

Counterclaims that can be raised in pending case or in separate case; don’t arise from same transaction or occurrence. No supplemental jurisdiction; must have independent source of SMJ.

32
Q

Jurisdiction for compulsory counterclaim

A

supplemental jurisdiction extends to compulsory counterclaims

33
Q

Cross claim

A

Offensive claim against co-party arising from same transaction or occurrence.

34
Q

Cross Complaint

A

California term for all third party actions - counterclaims, cross claims, impleader, etc.

35
Q

Requirements to establish Claim Preclusion (Res Judicata); CA Distinctions

A

Valid final judgment, same parties (or in privity), same claim.

CA Distinctions: primary rights theory “ - allows separate cause of action for invasion of each primary right. i.e., can sue separately for personal injury and property damage; final appeal, not final judgment

36
Q

Purpose of Claim Preclusion

A

Prevents relitigation of claim that has been decided in prior litigation between the same parties.

37
Q

Issue preclusion (Collateral Estoppel)

A

Precludes relitigation of a particular issue that has already been decided in prior litigation. Collateral estoppel invoked against someone who was a party to the first case.

Requirements: Valid final judgment, actually litigated, issue essential to the judgment.

California allows “stranger” to prior case to rel on prior judgment if doing so is “fair” - defensive use of litigation to avoid liability in subsequent suit allowed where party against whom collateral estoppel is being asserted had fair opportunity to be heard in prior case. Offensive use of prior litigation to establish issue - disfavored, allowed only when fair and equitable

38
Q

What can be obtained in discovery?

A

Anything relevant and not privileged

39
Q

Rule 11 Requirements and Sanctions

A

Requires that paper is proper, legal contentions warranted by law, factual contentions have evidentiary support. Sanctions can be made if improper paper presented to the court.

40
Q

Joinder: Plaintiff joining plaintiffs

A

Plaintiffs can sue together if they assert right to relief jointly, or wrt claims arising out of same transaction or occurrence AND common question of law or fact

41
Q

Joinder: Defendant add defendant

A

Defendant can iemplead new claim against new party if that party may be liable to defendant for part or all of the recovery. 14 days from answer or leave of court.

42
Q

Joinder: Intervention

A

Movant can intervene if has interest related to property/transaction that’s subject of action; disposition w/o moving may impair movant ability to protect interest and interest not adequately represented by existing parties.

43
Q

Joinder: Interpleader

A

Holder of property subject to multiple claims can file as plaintiff and join all claimants to avoid possibility of double liability. $500 and minimal diversity (think doj tax foreclosure cases)

44
Q

General Jurisdiction

A

Plaintiff can sue defendant for anything generally. (Consent, presence, domicile)

45
Q

Service of Process - individual

A

SAID (State law, Agent, Individual personal service, Dwelling w/ person of suitable age and discretion)

46
Q

Service of Process - Corporation

A

State law methods, or serve officer, managing or general agent, or any other agent appoint to receive service

47
Q

Work Product

A

Prepared in anticipation of litigation

48
Q

Is work product discoverable?

A

Only if substantial need and undue hardship. HOWEVER, attorney’s mental impressions are never discoverable.

49
Q

26(f) conference

A

Initial disclosures - Damages, insurance coverage, witnesses and documents; create discovery plan.

50
Q

When are pretrial disclosures due?

A

30 days before trial

51
Q

Jury: Legal claims, equitable claims, or both?

A

Only legal claims go to jury. Equitable decided by court.

52
Q

Authority for Jury Trial

A

Federal: Seventh Amendment. CA - constitution

53
Q

Jury makeup requirements

A

Jury pool must be taken from cross section of community

54
Q

How many jurors?

A

Six to Twelve

55
Q

Standard for appellate review of jury instructions

A

Plain error

56
Q

Directed Verdict (JMOL - Judgment as a Matter of Law)

A

Granted when nonmoving party has not met its burden of production after nonmoving party has rested its case- no way to prevail.

57
Q

Renewed JMOL -

A

Party has already made JMOL. Can make another one within 28 days of jury verdict.

58
Q

Motion for new trial

A

When verdict against great weight of evidence, excessive or inadequite verdict, errors in trial.

59
Q

MSJ

A

Appropriate when there is no dispute as to material fact; moving party has the burden. Motion viewed in light most favorable to nonmoving party.

60
Q

Doe defendants

A

CA allows plaintiff to sue fictitious “doe” defendant if plaintiff genuinely ignorant of identity

61
Q

Class actions - federal

A

Federal: Class action fairness act - relaxed diversity, claims aggregate 5 million, at least 100 proposed class.

62
Q

Class actions - CA

A

ascertainable class, well defined community of interest.

63
Q

Federal limits of depositions, interrogatories

A

10 7-hour deps, 25 interrogatories

64
Q

Ca - maximum admissions

A

35

65
Q

Constitutional right of privacy

A

only in CA

66
Q

CA Choice of law - when choice of law conflicts with CA policies.

A

If it does conflict with CA policies, CA law applies if ca has materially greater interest.

67
Q

Relation back: New Claim

A

An amendment to a pleading will relate back to the date of the original pleading when the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out in the original pleading.

68
Q

Relation back: New Party

A

If the amendment changes the party, then it will relate back to the date of the original pleading if: (i) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out, or attempted to be set out, in the original pleading; (ii) within 90 days after the filing of the original complaint, the party to be brought in by amendment receives notice of the action such that she will not be prejudiced in defending on the merits; and (iii) the party to be brought in by amendment knew or should have known that the action would have been brought against her but for a mistake concerning the proper party’s identity.

Rules for CA Bar Exam (Attack Sheet) (15 decks)

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