CivPro Flashcards
PJ
PJ means the ct must have proper jdx over the parties to an action. PJ proper where there is a suff close relationship between the forum state and the ∆. Traditionally, PJ may be found where ∆ consents, is domiciled, and when is present when served w/ process. Domicile is the state in which he has physical presence and the subjective intent to remain.
Long arm statute
A long arm statutute gives the ct PJ over a ∆. CA has long arm statute that gives ct power over any person over which the state can const exercise jdx. If the long arm statute in another state specifies the circumstances under which a ct may exercise PJ, the exercise still mb const.
Constitutional limitations to PJ
To be const, there mb stuff contacts w/ the forum state so as to not offend the traditional notions of fair play and subst justice. The US SC has listed a series of factors w/ which to assess the const of PJ. In general, the factors fall under these three headings: contacts, relatedness, and fairness.
Minimum contacts
MC reqs showing of purposeful availment and foreseeability.
Purposeful Availment
The ct must find that the ∆ purposefully availed itself of the privilege of conducting activities in the forum state, thus invoking the benefits and protections of its laws.
Foreseeability
The ∆also must know or reas anticipate that its activities in the forum render it foreseeable that it may be haled into ct there.
Relatedness of claim to the contacts
If the claim arises from ∆’s contacts w/ the forum, the ct may have specific jdx. Regardless of whe the π’s claim is related to the ∆’s contacts w/ the forum, the ct also may have gen jdx if the ∆is at home in the jdx. If there is no relationship between the π’s claim and the ∆’s contacts w/ the forum, the ct must have gen PJ over the ∆to hear the case.
Specific Jdx
For specific jdx, the case mb related to the ∆’s contacts w/ the forum.
General Jdx
Ct also may look to see if the ∆is at home in the forum and thus able to exercise gen PJ over ∆.
Fairness
The ct, in determining the exercising PJ over ∆ is fair will look at the convenience to the ∆, the state’s interest, and other factors. Fairness is not a consideration when theres gen idx.
Convenience
A forum is const acceptable unless it is so gravely difficult and inconvenient that the ∆ is put at a severe disadvantage.
SMJ
Refers to the Ct’s ability to hear a type of case. There are two bases for OG SMJ: fed Q and diversity idx. Each claim asserted in fed ct must have an ind basis for fed SMJ, if the claim does not satisfy the reqs for FQ or Div jdx, it might be possible to hear the claim in fed ct under Ct’s supp jdx.
Fed Q Idx
FQ reqs that the π’s well-pleaded complaint sets forth a COA that arises under fed law. A case arises under fed law if the πalleges a right or interest that is substantial founded on fed law.
Div Idx
DJ reqs complete div when the suit is filed and an AIC that exceeds 75k, excluding interest that’s not party of the controversy and costs. Div idx also provides for SMJ over alienage cases (suits between a US citizens and a citizen or subject of a foreign country. Jdx is withdrawn if the foreign nat has been admitted for perm rest in US and is domiciled in the same state as adverse party.
AIC
The AIC is determined by the π’s GF claim stated in the complaint. A single πcan aggregate all claims against one ∆.
Supp idx
If a ct doesnt have OG idx over a claim, it may be able to hear the claim under its supp jdx. In Div idx case, claims by joined πs that dont meet AIC req may invoke supp idx if they arise from a CNOF as a claim that invoked div jdx.
Removal
A case may be removed from state ct to fed ct when it OG could have been filed in fed ct. Only ∆s can remove.
[Then analyze SMJ]
Homestate ∆ Rule: In Div case, ∆may not remove to fed ct if he’s a citizen of the forum state.
Timing: 30 days
Remand
When a ∆ attempts to remove to fed ct and the removal is improper, fed ct can remand case back to state. Π must move to remand w/in 30 days of removal.
Erie Doctrine
Fed ct siting in diversity will use fed procedural law and state substantive law.
Venue
Venue concerns which geo dist is the proper place for a particular case tb heard.
Venue is proper in a judicial district in which (1) any ∆ resides if all ∆s reside in the same state; (2) a substantial part of the events or omissions giving rise to the claim occurred or a subs part of the prop that is subject to the action is situated; or (3) any ∆is subject to PJ w/ respect to the action, but only if theres no judicial district that satisfied 1 and 2.
Transfer of venue
To have venue transferred, ∆ must show either that venue is improper in the π’s chosen venue or that venue should be transferred, in the interest of justice for the convenience of the parties and Ws. When venue is proper, transfer may be made to another list in which the action might have been brought or to which all parties have consented.
Discovery
A party may seek to obtain any nonpriv matter that’s relevant to any claim or defense, including any doc evidence. Ct also will consider the the proposed disco is proportional w/ the needs of the case.
Discovery - Reqs Physical/Mental Exam of Party
The fed rules provide for an ind physical exam of a party when that party’s physical or mental condition is in controversy. Available upon showing of good cause, party can make a req to ct.
CA Venue
Any county where any ∆resides.
Contract - where k was entered into or tb performed.
PI/wrongful death - where injury occurred
Corporation - PPB, where k was made, where lia arose, where breach occurred
CA - Transfer of Venue
When venue is transferred, case is moved from one county to the other.
Motion mb made w/ or before answer, demurrer, or motion to strike.
CA - Forum Selection Clause
Court wont enforce a forum selection clause if the agreed-upon forum is improper.