Civil Procedure Flashcards
What is the general subject matter jurisdiction of the California Superior Court?
The California Superior Court has general subject matter jurisdiction over all civil matters as long as another court or tribunal does not have exclusive jurisdiction.
What defines a Limited Civil Case in California?
In California, a Limited Civil Case involves an amount of money of $25,000 or less, with restrictions on claims for declaratory relief, equitable claims, and ancillary relief.
What defines an Unlimited Civil Case in California?
In California, an Unlimited Civil Case involves an amount of money over $25,000, and includes disputes that do not involve money, such as cases to resolve title to real property, civil restraining orders, and name changes.
What is a Small Claims Case in California?
In California, a Small Claims Case is filed in small claims court for $10,000 or less, or $5,000 if the plaintiff is a business (except for a sole proprietor).
What is the subject matter jurisdiction of federal courts?
A federal court can only hear cases where it has subject matter jurisdiction, which can be based on:
- federal question,
- diversity of citizenship, or
- supplemental jurisdiction.
What is Federal Question Jurisdiction?
Federal Question Jurisdiction exists when a claim that arises under federal law or the Constitution, appears on the face of a well-pleaded complaint.
What is required for Diversity of Citizenship Jurisdiction?
Diversity of Citizenship Jurisdiction requires:
- complete diversity between all plaintiffs and defendants and
- an amount in controversy exceeding $75,000.
How is a party’s citizenship determined? And specifically for a person?
A party’s citizenship is determined by their domicile.
For a person, their domicile is where they reside with the intent to remain indefinitely.
What is Alienage Diversity Jurisdiction?
Alienage Diversity Jurisdiction exists in actions between aliens and citizens of a State, or between citizens of different States with aliens as additional parties, with an amount in controversy exceeding $75,000.
What is Foreign State Diversity Jurisdiction?
Diversity jurisdiction exists between a Foreign State as plaintiff and citizens of a State or different States, with an amount in controversy exceeding $75,000.
What is Supplemental Jurisdiction?
Supplemental jurisdiction allows a federal court with original jurisdiction over some claims to hear additional state court claims arising from the same case or controversy.
What are the requirements for Removal to Federal Court?
A defendant may remove a case to federal court if the federal court has subject matter jurisdiction, all defendants agree, no defendant is a resident of the forum state, and removal is sought within 30 days.
What is required for Remand from Federal Court to State Court?
A federal court must remand a case to state court if there is no federal subject matter jurisdiction and may remand after federal claims have been decided.
What determines proper venue in federal court?
Venue is proper in any district where any defendant resides, where a substantial portion of the claim occurred, or where property is located.
What is the difference between local and transitory actions in California?
A local action involves real property and is proper in the county where the property is located, while a transitory action is generally proper in any county where any defendant resides.
How is the residence of a corporation determined for venue purposes?
A corporation’s residence includes all districts where it is subject to personal jurisdiction.
What are the traditional bases for personal jurisdiction?
The traditional bases for asserting personal jurisdiction include domicile, transient jurisdiction, consent, or waiver.
What is required for Long-Arm Jurisdiction?
Long-Arm Jurisdiction requires a long arm statute and that the defendant has sufficient minimum contacts with the forum state.
What constitutes sufficient minimum contacts for personal jurisdiction?
Sufficient minimum contacts exist when either general jurisdiction or specific jurisdiction is present, based on the defendant’s purposeful availment of the forum state’s benefits.
What is the fairness requirement in personal jurisdiction?
Even if minimum contacts are established, it must be fair and reasonable for the defendant to be sued in the forum state.
What is Prong 2 in the context of Fair Play and Substantial Justice?
Even if the minimum contacts test is met, it must be fair and reasonable for the defendant to be sued in the forum state.
Who bears the burden of proving unreasonableness in defending in the forum state?
The burden is on the defendant to show that it would be unreasonable to defend himself in the forum state.
What factors does the court consider regarding fairness in personal jurisdiction?
The court considers the burden on the defendant, the state’s interest, the plaintiff’s interest, and the interests of the judicial system.
What is required for a court to have personal jurisdiction over a defendant in California?
The defendant must be given adequate notice that meets California statutory provisions for service.
Who can serve process in California?
Any person who is at least 18 years old and not a party to the action can serve process.
What is the time frame for serving the Summons & Complaint in California?
The plaintiff generally must serve the Summons & Complaint within 60 days after filing the Complaint.
What happens if the Complaint is amended to add a defendant?
The added defendant must be served within 30 days after the filing of the Amended Complaint.
Can the court modify the time for service in California?
Yes, the court may extend or modify the time for service on its own motion or upon a party’s application.
What is required for proof of service in California?
Proof of service must be filed within 60 days after the filing of the Complaint.
What methods of service are allowed under California law?
Methods include personal delivery, substituted service, acknowledgment and receipt, mail (for out-of-state defendants), or publication.
What is substituted service in California?
Substituted service involves leaving papers with a competent person at the defendant’s location and mailing a copy thereafter.
What is required for service by acknowledgment and receipt?
It requires mailing the papers with an acknowledgment form and a self-addressed stamped return envelope.
What is the time frame for service by mail for out-of-state defendants?
Service by mail requires sending a copy of the Summons and Complaint with a return receipt.
Under what conditions can publication be used for service in California?
Publication is allowed if the defendant cannot be served by other means and a cause of action exists against them.
What is the time frame for serving the Summons and Complaint in federal court?
The Summons and Complaint must be served within 90 days of filing the Complaint.
What happens if the Summons and Complaint are not served within 90 days in federal court?
The court must either dismiss the action without prejudice or order that service be made within a specified time.
What is the Erie doctrine?
The Erie doctrine applies when a federal case is brought under diversity jurisdiction, requiring federal procedural laws and state substantive law.
What are the two types of counterclaims?
Compulsory and permissive counterclaims.
What is a compulsory counterclaim?
A compulsory counterclaim must be stated in the party’s pleading or be barred from future litigation.
What is the relation back doctrine in amending pleadings?
An amendment relates back if it arises from the same conduct as the original pleading or if allowed by statute.
What is the well-pleaded complaint rule?
A complaint must contain sufficient factual matter to state a claim that is plausible on its face.
What is the notice pleading system?
Federal courts use a notice pleading system where a complaint must state grounds for jurisdiction, the claim, and a demand for relief.
What is compulsory joinder of parties?
A party must be joined if they are necessary and joinder is feasible.
What is the scope of discoverable information in federal court?
Parties may obtain discovery of all non-privileged information relevant to any claim or defense and proportional to the needs of the case.
What are the requirements for compelled physical examinations in California?
A defendant may demand one physical examination of the plaintiff if it is not painful or intrusive and within 75 miles of the plaintiff’s residence.
What is a document subpoena to a non-party?
A non-party may respond to a subpoena duces tecum with a motion to quash or a written objection.
What are the rules for party depositions?
A party may conduct up to 10 depositions without leave of court, limited to one day of no more than 7 hours.
How many depositions is a party permitted to conduct?
A party is permitted to conduct up to 10 depositions.
What are the conditions for conducting a deposition?
A deposition must be limited to one day of no more than 7 hours and proper notice must be given.
What is required for notice to depose a person by oral questions?
A party must give reasonable written notice to every party to the action.
What is required to depose a non-party?
The non-party must be served with a subpoena, and only non-parties within 100 miles of the courthouse may be subpoenaed.
What are interrogatories in federal court?
Interrogatories are written questions directed to a party, who must answer them in writing and under oath.
What is the scope of interrogatories?
An interrogatory may relate to any discoverable matter and is not objectionable for asking for an opinion or contention related to fact.
What is the limit on the number of interrogatories a party can serve?
Each party is allowed to serve 25 interrogatories upon any other party, including all subparts.
When can interrogatories be served?
Interrogatories cannot be served prior to the Initial Conference of the parties under Rule 26(f) unless leave of court is obtained.
What is the time frame for responding to interrogatories?
The responding party must serve its answers and any objections within 30 days after being served with the interrogatories.
How must each interrogatory be answered?
Each interrogatory must be answered separately and fully in writing under oath.
What must be included in objections to interrogatories?
Each objection must be stated with specificity; any ground not stated in a timely objection is waived.
Who must answer interrogatories?
Interrogatories must be answered by the party directed to or any officer or agent if that party is a corporation, partnership, association, or governmental agency.
What is required for the signature on interrogatory answers?
The person who makes the answers must sign them, and the attorney who objects must sign any objections.
What can be done instead of answering an interrogatory?
The responding party may specify relevant business records if the answer can be ascertained from those records.
What is required for expert testimony disclosure?
A party must disclose the identity of any expert witness and provide a written report of the expected testimony signed by the expert.
What must the written report of a testifying expert contain?
The report must contain a complete statement of the expert’s opinions, the basis for the opinion, underlying facts/data, qualifications, compensation, and a list of other cases the expert testified in the past 4 years.
When must expert disclosures be made?
Disclosures must be made at least 90 days before trial or at times directed by the court.
What is the rule for deposing an expert witness?
A party is allowed to depose an expert witness without leave of court after the report is provided.
What is required for retained or specially employed non-testifying experts?
Discovery is allowed only upon a showing of exceptional circumstances.
What must be provided in initial disclosures in federal court?
Initial disclosures must include contact information of individuals with discoverable information, documents to support claims, computation of damages, and any insurance agreements.
When must initial disclosures be made?
Initial disclosures must be made within 14 days after the Rule 26(f) conference.
What must a party do when withholding information by claiming privilege?
The party must expressly make the claim and describe the item or information sufficiently to assess the privilege.
What happens if privilege is not asserted properly?
Failure to assert privilege properly may subject the party to sanctions or waive the privilege.
What is required for a motion to compel disclosure or discovery?
The motion must be on notice to all other parties and include a certification of good faith conferral.
What can a party do if another party fails to make a required disclosure?
The party may move to compel the disclosure and for appropriate sanctions.
What is a Motion for Judgment as a Matter of Law (JMOL)?
A JMOL may be made at any time before the case is submitted to the jury and must specify the judgment sought.
What must be shown for a JMOL to be granted?
The non-moving party must have been fully heard on an issue, and the court must find that a reasonable jury would not have a legally sufficient basis to rule in favor of the non-moving party.
What is the final judgment rule in federal court?
A party may only appeal from a final judgment or decision that ends the entire litigation on the merits.
What is an interlocutory appeal?
An interlocutory appeal is an appeal of a ruling by a trial court made before all claims are resolved.
What are the elements of claim preclusion (res judicata)?
Claim preclusion has four elements: identical parties, judgment by a competent court, final judgment on the merits, and the same claim involved.
What are the elements of issue preclusion (collateral estoppel)?
Issue preclusion requires a valid judgment, identical issues, actual litigation, and the party against whom enforcement is sought had a full opportunity to litigate.
What is Issue Preclusion (Collateral Estoppel)?
Issue Preclusion precludes a party from retrying an issue if there has been a final judgment on the merits by a court of competent jurisdiction.
What are the requirements for invoking Issue Preclusion?
Issue Preclusion may be invoked if: (1) a valid and final judgment was rendered in the first action; (2) the issue is identical to the issue decided in the prior action; (3) the issue was actually litigated, determined, and essential in the prior action; AND (4) the party against whom enforcement is sought had a full and fair opportunity to litigate the issue in the first action.
Can a non-party to a prior action assert Issue Preclusion?
Yes, a non-party to a prior action may assert issue preclusion if the four-part test is satisfied.
What is the Choice of Law principle in real property cases?
In cases involving the title to real property or a contract for the sale of real property, the laws of the state where the real property is located will generally govern.
What is the situs rule?
The situs rule states that states have a strong interest in actions that affect real property located within their state.
