Civil Procedure (Final)

Question 1

Supplemental jurisdiction

Answer 1

• Common nucleus of operative fact

- Same transaction or occurence

Question 2

Transfer of Venue

Answer 2

FED: 
-interests of justice
-Public factors
-Private factors
CA:
-interest of justice
-Convenience of the parties
-Forum non conveniens

Question 3

Pretrial Motions

Answer 3

• Motion for a more definite statement (CAL: demurrer)

- Motion to strike (CAL: anti-SLAPP)

Question 4

12 (b) Motions

Answer 4

• Lack of SMJ
• Lack of PJ
• Lack of venue
• Insufficient process
• Insufficient service of process
• Failure to state a claim
• Failure to join a indispensable party

Question 5

Demurrer

Answer 5

• Uncertain pleading
• Liability theory unclear
• Lack of legal capacity
• Another case exists
• Misjoinder of parties
• Contract pleadings not OK
• Certificate is required

Question 6

Motion to Quash

Answer 6

-Lack of PJ
-Insufficient process
-Insufficient service of process
-

Question 7

Discovery tools

Answer 7

• Depositions
• Interrogatories
• Request for Admissions
• Request to inspect & produce
• Physical or mental exam

Question 8

Res judicata

Answer 8

-Valid and final judgment on merits
(FED: final when rendered; CA: when appeals done)
-Actually litigated
-Same P and Same D
-Same claim
(Fed: Same transaction or occurrence; CA: same primary right)

Question 9

Collateral estoppel

Answer 9

-Valid & final judgment on merits
-Actually litigated
-Issue essential to judgement
-Fed: party of privity can use
CA: stranger allowed if:
–identical issues
–Valid final judgment
–Fair opportunity to be heard
–Not unfair to apply
–Party or privity against