Hot Topics Flashcards
1
Q
What is Subject Matter Jurisdiction (SMJ)?
A
A court’s competence to hear and determine cases of general class and subject to which proceedings in question belong.
2
Q
What are the different types of courts in the GA court system?
A
- Superior Court
- State Court
- Magistrate Court
- Probate Court
- Juvenile Court
- Court of Appeals
- Supreme Court
3
Q
What is Federal Question Jurisdiction (FQ)?
A
District courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the U.S.
4
Q
What is the well-pleaded complaint rule?
A
FQ exists only when federal issue is presented on the face of the complaint.
5
Q
What is Diversity Jurisdiction (DJ)?
A
Federal courts have jurisdiction when parties are citizens of different states or a citizen of a state and a citizen of a foreign state, and the amount in controversy exceeds $75,000.
6
Q
Define complete diversity.
A
No diversity if any plaintiff is a citizen of the same state or citizen of the same foreign country as any defendant.
7
Q
How is citizenship determined for individuals?
A
Domicile is the state in which an individual is present and intends to reside indefinitely.
8
Q
How is citizenship determined for corporations?
A
- State of incorporation
- State where it has its principal place of business (‘nerve center’)
9
Q
What is the standard of proof for amount in controversy?
A
Plaintiff’s good-faith assertion in complaint is sufficient unless there is legal certainty that plaintiff cannot recover alleged amount.
10
Q
What is Supplemental Jurisdiction (SJ)?
A
Federal court with jurisdiction may exercise SJ over additional claims which court would not independently have SMJ, arising out of a ‘common nucleus of operative fact.’
11
Q
What is the definition of Removal Jurisdiction?
A
Defendant may generally remove a case from state court to federal district court having SMJ.
12
Q
What is the time limit for a defendant to file a notice of removal?
A
D must file notice within 30 days after receipt by or service on the D of the initial pleading.
13
Q
What is Personal Jurisdiction (PJ)?
A
A federal court’s authority to exercise jurisdiction over a defendant based on their minimum contacts with the forum state.
14
Q
What are the three types of Personal Jurisdiction?
A
- In personam
- In rem
- Quasi-in-rem
15
Q
What is the due process requirement for Personal Jurisdiction?
A
A federal court may not exercise PJ unless the defendant has ‘minimum contacts’ with the forum state.
16
Q
What is the significance of ‘minimum contacts’?
A
D’s contacts with forum state must be purposeful and substantial, such that D should reasonably anticipate being taken to court there.
17
Q
What is the difference between specific and general jurisdiction?
A
- Specific: arises out of or closely relates to a D’s contact with forum state
- General: requires continuous and systematic contacts with the forum state
18
Q
What is the definition of in rem jurisdiction?
A
Gives court authority to determine issues concerning rights to real/personal property.
19
Q
What is the rule for notice in jurisdictional claims?
A
Must be reasonably calculated to apprise interested parties of pending action and afford them the opportunity to object.
20
Q
What is the general rule for venue in federal court?
A
Venue is proper where any defendant resides, a substantial part of events occurred, or property subject to action is located.
21
Q
What is the GA distinction regarding venue for actions involving title to land?
A
Cases must be tried in the county where the land lies.
22
Q
What is the GA point of law regarding civil proceedings for corporations?
A
A corporation resides in any county where it has a registered office or where it last had a registered or principal office.
23
Q
What is the residence of an individual for judicial purposes?
A
The judicial district where the defendant is domiciled.
24
Q
Where does a corporation reside according to Georgia law?
A
In any county where it has a registered office or where it last had a registered or principal office.
25
In Georgia, what is the venue for contract claims?
The county where the contract was made or is to be performed if the corporation has an office and does business in that county.
26
What is the venue for tort or injury claims in Georgia?
The county where the cause of action originated if the corporation has an office and transacts business in that county.
27
What happens if defendants residing in the venue are discharged from liability?
A nonresident defendant can have the case transferred to a county and court where venue would be proper.
28
What is the general rule for changing venue in federal court?
Transfer is permitted to any district where the case might have been brought or to which all parties consent.
29
What must a new district court apply when a case is transferred due to diversity jurisdiction?
The law from the previous court must be applied.
30
What is the rule when the original venue is deemed improper in federal court?
The case may be dismissed or transferred to a proper district if it's in the interest of justice.
31
What is 'forum non conveniens'?
A legal doctrine allowing a court to dismiss a case if another forum is more appropriate.
32
In federal court, when can 'forum non conveniens' be invoked?
When the most appropriate forum is a state or foreign court.
33
What is the burden of proof in a 'forum non conveniens' motion?
Generally on the defendant, but shifts to the plaintiff if a forum selection clause is present.
34
What is the Erie Doctrine?
A principle that determines whether federal or state law applies in federal court cases.
35
What governs federal question cases according to the Erie Doctrine?
Federal substantive and procedural law controls, as well as federal common law.
36
What must a court determine before applying a Federal Rule under the Erie Doctrine?
Whether the Rule abridges, enlarges, or modifies any substantive right.
37
What is the general rule regarding federal common law?
There is no general federal common law; it is limited to specific areas.
38
When should state conflict-of-law rules be applied in federal court?
When a district court is bound by the conflict-of-laws rules of the state in which it is located.
39
What is required for every pleading in Georgia?
Every pleading must be signed by an attorney of record, including their name and address.
40
What is the timing requirement for service of process in Georgia?
Service must be made within 90 days after filing of the complaint.
41
What is a Temporary Restraining Order (TRO)?
An order that preserves the status quo until a full hearing, effective for a limited time.
42
What is the maximum duration for a TRO in Georgia?
30 days unless the adversary consents.
43
What must a complaint include according to federal rules?
A short and plain statement of the court's subject matter jurisdiction and the plaintiff's claim.
44
What is the time frame for filing a motion to dismiss?
Within 21 days of service of the complaint.
45
What is the GA distinction regarding the motion to dismiss for frivolous lawsuits?
The court can assess attorney’s fees and expenses for frivolous suits.
46
What is the general rule for amending a pleading in Georgia?
Any party can amend a pleading at any time before a pretrial order is entered.
47
What must be included in a complaint for malpractice claims in Georgia?
An expert's affidavit setting forth at least one negligent act or omission.
48
What happens when a defendant fails to state affirmative defenses?
They are deemed waived.
49
What is the time frame for a defendant to respond to a complaint in Georgia?
30 days to file an answer.
50
What does the term 'SLAPP lawsuit' refer to?
Strategic Lawsuit Against Public Participation; subject to a motion to strike unless the plaintiff shows a probability of prevailing.
51
What is the standard for a Preliminary Injunction (PI)?
The plaintiff must show likely success on the merits and irreparable harm.
52
What is the burden of proof for a party seeking a Permanent Injunction?
The plaintiff must show actual success on the merits.
53
What is the time limit for a party to amend a pleading as of right?
21 days after serving it if no responsive pleading is required or after being served with an answer or 12(b) motion.
## Footnote
This rule allows for one amendment without needing court approval.
54
What is the GA distinction regarding amending pleadings?
Any party can amend a pleading at any time before a pretrial order is entered; after that, an amendment can be made only by leave of the court or by written consent of the other party.
## Footnote
This provides more flexibility in Georgia compared to federal rules.
55
What is the 'relation back' doctrine in pleadings?
New claims relate back to the date of original pleading if they arose out of the same conduct, transaction, or occurrence.
## Footnote
This applies to both new claims and new parties.
56
What are the conditions for a new party to relate back to the original pleading?
1. New party receives notice within 90 days after original complaint filed.
2. D knew or should have known about action but for mistake concerning proper party’s identity.
## Footnote
GA Distinction: No 90-day limit; notice must prevent prejudice.
57
What is the time frame for a party to respond to an amended pleading?
Within 14 days after service of amended pleading or time left on original pleading, whichever is later.
## Footnote
GA Distinction: A party must respond only if the court orders it.
58
What are supplemental pleadings used for?
To describe events occurring after filing of earlier pleading.
59
What types of sanctions can a court impose under Rule 11?
1. Nonmonetary directives.
2. Penalties to court.
3. Payments to movant for attorney’s fees and other expenses directly resulting from violation.
60
What is permissive joinder?
Ps and Ds may join in one action if any right to relief is asserted jointly, severally, or with respect to the same transaction, occurrence, or series of them, and there is a common question of law or fact.
## Footnote
Requires subject matter jurisdiction (SMJ) and personal jurisdiction (PJ) over D.
61
What is compulsory joinder?
Necessary parties are required for just adjudication when complete relief cannot be provided to existing parties in their absence.
62
What are indispensable parties?
Parties that cannot be joined due to jurisdiction or venue issues, leading to potential case dismissal.
## Footnote
Factors considered include potential prejudice and adequacy of judgment.
63
What is intervention as of right?
Nonparty has an interest in property or transaction that may be impaired and is not adequately represented by existing parties.
64
What is the definition of interpleader?
Allows a person holding property (stakeholder) to force all potential claimants into a single lawsuit.
65
What are the requirements for federal statutory interpleader?
1. DJ met if any two adverse claimants are citizens of different states.
2. Property at issue must be $500 or more.
3. Nationwide personal jurisdiction permitted.
66
What are the basic requirements for a class action?
1. Numerosity.
2. Commonality.
3. Typicality.
4. Adequacy.
67
What must a party do to obtain mandatory disclosures?
Must disclose information regarding individuals with discoverable information, documents supporting claims/defenses, computation of damages, or relevant insurance agreements.
## Footnote
Timing is generally within 14 days after the parties' discovery conference.
68
What is the duty to preserve evidence?
Potential litigants have a duty to preserve potentially relevant evidence when litigation is reasonably anticipated.
69
What is the scope of discovery?
Any non-privileged matter relevant to any party’s claim or defense in action, proportional to the needs of the case.
70
What are the limitations on discovery?
Discovery cannot be sought until after a discovery conference, must not be unreasonably cumulative, or obtained from a more convenient source.
## Footnote
Information need not be admissible to be discoverable.
71
What constitutes spoliation of evidence?
Destruction or alteration of evidence that results in sanctions if the information cannot be restored or replaced.
72
What is the standard for trial preparation materials in discovery?
Documents prepared in anticipation of litigation or for trial are generally not discoverable unless the other party shows substantial need and cannot obtain equivalent materials without undue hardship.
73
What is required for a party to provide discovery of electronically stored information?
A party is not required to provide discovery from sources identified as not reasonably accessible due to undue burden or cost.
74
What results from spoliation of evidence?
Sanctions if the information cannot be restored/replaced.
75
Under what condition may a party discover documents prepared in anticipation of litigation?
If the other party shows substantial need for the materials and cannot obtain their substantial equivalent without undue hardship.
76
What type of information is protected from discovery regarding a party's attorney?
Mental impressions, conclusions, opinions, or legal theories.
77
What is the purpose of a discovery conference?
To consider claims/defenses, possibility of settlement, automatic disclosures, preserving discoverable information, and developing a discovery plan.
78
How many oral depositions are typically allowed per party?
Limited to 10 per party unless good cause is shown to the court.
79
What is the limit on written interrogatories per party?
25 written interrogatories relating to non-privileged matters.
80
How long does a party have to respond to requests to produce documents?
30 days from being served with the request or 30 days from the first rule 26(f) conference.
81
What can a court order regarding physical or mental examinations?
A person may be ordered to submit to examinations if their condition is in controversy.
82
What is a motion to compel?
A party can move to compel disclosure or discovery against a party failing to make automatic disclosures or respond to requests.
83
What happens if a party fails to obey a court order regarding discovery?
The court may impose sanctions subject to the abuse of discretion standard.
84
What is the purpose of a pretrial conference?
To expedite disposition of the action, manage the case effectively, and facilitate settlement.
85
What is the distinction regarding voluntary dismissal in Georgia?
A plaintiff can voluntarily dismiss a case only before the first witness is sworn or with agreement of all parties.
86
What constitutes a default in a legal action?
When a party has failed to plead or otherwise defend an action.
87
What is the standard for summary judgment?
No genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
88
What is a declaratory judgment?
The court tells the parties their rights and responsibilities without awarding damages.
89
What is the required jury size for a jury trial?
At least six and no more than 12 jurors.
90
What are peremptory challenges in jury selection?
Challenges that may not be made for racial or gender-based reasons.
91
What must a party do to request specific jury instructions?
Request the court to give specific instructions at the close of evidence.
92
What is the required form of jury verdict unless stipulated otherwise?
The verdict must be unanimous and returned by at least six jurors.
93
What constitutes juror misconduct?
Concealing facts during voir dire, violating confidentiality of deliberations, or being improperly influenced by non-jurors.
94
What must a court do at the close of evidence in a trial by the court?
Make findings of fact and conclusions of law on the record.
95
What is the purpose of a motion for judgment as a matter of law?
To challenge the sufficiency of the evidence in a civil jury trial.
96
How long does a party have to file a renewed motion for judgment as a matter of law after entry of judgment?
No later than 28 days after entry of judgment.
97
What is a default judgment?
A judgment sought by a party when the opposing party has failed to respond.
98
What must be considered in a judgment regarding costs?
The prevailing party is allowed court costs, other than attorney’s fees, without needing to file a motion.
99
What is the timing for a motion to alter or amend a judgment?
Must be made within 28 days of the entry of judgment.
100
What is the time frame for filing a motion for attorney’s fees not required by law to be proved at trial?
Must be made within 14 days after entry of judgment
## Footnote
This applies specifically to claims for attorney's fees.
101
Within how many days must a motion to amend or make additional findings in a nonjury trial be filed?
Must be made within 28 days of entry of judgment
## Footnote
This motion can be combined with a new trial motion.
102
What is the deadline for filing a motion to alter or amend a judgment?
Must be made within 28 days of the entry of judgment.
103
What is the time limit for filing a motion for a new trial in Georgia?
Must be made within 30 days of entry of the judgment.
104
What are the grounds for relief from a final judgment?
Relief can be granted for:
* Mistake, inadvertence, surprise, or excusable neglect
* Newly discovered evidence
* Fraud, misrepresentation, or misconduct by the opposing party
105
What are the other remedies a court may provide regarding relief from judgment?
A court may:
* Entertain an independent action to relieve a party from an order, judgment, or proceeding
* Grant relief to a defendant who was not personally notified of the action
* Set aside a judgment for fraud on the court
106
When must a notice of appeal be filed?
Generally must be filed within 30 days after the judgment or order being appealed is entered.
107
What is the GA distinction regarding the appeal process?
A party must file a petition for review within 30 days of when the judgment/order being appealed is entered.
108
What is the final judgment rule in federal courts of appeals?
Federal courts of appeals have jurisdiction over appeals of final judgments of the district courts.
109
What must a district court determine for a final judgment on one or more issues/parties?
The court must expressly determine that there is no just reason for delay.
110
What types of orders allow for interlocutory appeals in Georgia?
Interlocutory appeals can be made regarding:
* Divorce
* Alimony
* Domestic-relations cases
* Temporary restraining orders
111
What is the standard of review for a trial court’s factual findings?
Clearly erroneous.
112
What is the standard of review for legal rulings?
De novo.
113
What is the standard of review for discretionary rulings?
Abuse of discretion.
114
What must be present for a judgment to receive full faith and credit in other states?
The judgment must be valid, rendered by a court with jurisdiction, and proper notice must have been given.
115
What is claim preclusion (res judicata)?
It bars a subsequent claim if there is a valid final judgment on the merits, with proper jurisdiction and notice.
116
What are the requirements for issue preclusion (collateral estoppel)?
Requirements include:
* Same issue
* Actually litigated
* Final, valid judgment
* Essential to judgment
117
In Georgia, what is the requirement for mutuality in issue preclusion?
GA generally requires mutuality of parties or their privies.
118
What is the effect of issues determined in a criminal prosecution in favor of the prosecution?
They are generally preclusive in a civil action against the defendant based on the same conduct.
119
True or False: Issues determined in a criminal prosecution in favor of the defendant are preclusive in a civil action against the defendant based on the same conduct.
False.
120
What must a GA statute do regarding personal jurisdiction (PJ)?
Authorize PJ and ensure its exercise is constitutional
121
What are the bases for PJ in GA?
Physical presence in GA through domicile or being served with process
122
Does physical presence need to be related to the Plaintiff’s cause of action in GA?
No, it does not need to be related
123
How can a Plaintiff consent to PJ in GA?
By filing suit
124
Can a Defendant waive PJ?
Yes, a Defendant can waive PJ
125
Is there consent by contract in GA prior to a lawsuit for PJ?
No, there is no consent by contract prior to lawsuit
126
What does the fiduciary shield doctrine state regarding PJ?
An individual does not submit to PJ by doing acts in GA
127
Under what conditions may general PJ be exercised over a corporation in GA?
Incorporated in GA, principal place of business in GA, or registered to do business in GA
128
What is specific PJ under GA’s long arm jurisdiction?
PJ related to Defendant’s contacts in GA
129
What does the acronym LIMIT stand for in relation to PJ in GA?
Land; Injury; Matrimony; Insurance contract; Transaction of business
130
What does the Nonresident Motorist Act provide for in GA?
PJ over a driver involved in a car accident in GA
131
What is an 'in rem' suit?
A suit involving the status of something, like property ownership or divorce actions
132
Is the constitutional requirement for PJ the same in federal and state court?
Yes, it is the same
133
What is a constitutional requirement for service of process?
It must be reasonably calculated to give notice
134
Who can serve process in GA?
Sheriff, deputy sheriff, certified process server, or an adult appointed by the court
135
What is the time frame for serving process in GA to avoid dismissal?
Service must be made within a 'reasonable time'
136
What happens if process is not served within 5 days of receipt?
Process must be reissued
137
What are the methods of service in GA?
* Personal service
* Abode service
* Service on an agent
* Waiver of service
138
What must be done if a Defendant cannot be served with due diligence?
A business may be served by mail
139
How is a county or city served in GA?
By serving the person in charge
140
What is required under GA’s Tort Claims Act before starting an action?
An ante litem notice
141
When can a claimant start their action after presenting the ante litem notice?
90 days after the notice is presented or claim denied
142
How must the attorney general be served in GA?
By certified mail or statutory overnight service
143
What court has exclusive jurisdiction over land title and divorce actions?
Superior Court
## Footnote
The Superior Court is the primary court for significant legal matters in Georgia.
144
What types of cases cannot be heard by the Superior Court?
Most probate and all juvenile delinquency actions
## Footnote
The Superior Court primarily deals with higher-stakes cases, leaving others to different courts.
145
Which courts have concurrent jurisdiction with the Superior Court?
State Court, Magistrate Court, Juvenile Court, Business Court, Article 6 Probate Court
## Footnote
These courts can hear cases that are not exclusively within the jurisdiction of the Superior Court.
146
What is the primary function of the State Court in Georgia?
To supplement the Superior Court and have concurrent jurisdiction
## Footnote
The State Court handles cases that do not fall under the exclusive jurisdiction of the Superior Court.
147
What is the maximum amount in controversy for cases heard in Magistrate Court?
$15,000
## Footnote
Magistrate Court is designed to handle smaller claims without the formality of higher courts.
148
Which court has exclusive jurisdiction over the probate of wills?
Regular Probate Court
## Footnote
This court specializes in matters related to wills and estate administration.
149
Which court has exclusive jurisdiction over delinquency actions?
Juvenile Court
## Footnote
Juvenile Court handles cases involving minors, especially those related to delinquency.
150
Where is venue proper for cases involving land?
In the GA county where the land is located
## Footnote
This ensures that property disputes are handled in the relevant jurisdiction.
151
What is the general venue rule in Georgia?
Venue is proper in the GA county where D resides
## Footnote
This rule helps determine the appropriate court location for legal proceedings.
152
What happens to venue if the defendant upon whom it is based is dismissed?
Venue 'vanishes'
## Footnote
The case must be transferred to a proper venue concerning remaining defendants.
153
What is the timeframe for a defendant to respond after being served with a summons and complaint?
30 days
## Footnote
If the defendant waives process, the response time extends to 60 days.
154
What is required in Georgia for pleadings?
Fair notice of the general type of litigation and basic facts
## Footnote
This notice pleading system allows for simplified legal processes.
155
What is the statute of limitations for medical malpractice claims in Georgia?
5 years from the occurrence, starting when the child turns 5
## Footnote
Special rules apply to minors concerning medical malpractice claims.
156
When can a pleader amend their pleading as of right?
Up to the pretrial order or start of trial if no pretrial order exists
## Footnote
This allows for flexibility in legal proceedings before a trial begins.
157
True or False: A professional affidavit is required in medical malpractice claims in Georgia.
True
## Footnote
This requirement ensures that expert opinions are included in such claims.
158
Fill in the blank: A claim for medical malpractice must be filed within _______ of the occurrence.
5 years
## Footnote
The time limit for filing is strict, especially for minors.
159
What happens to discovery if a pretrial motion is filed?
Discovery is stayed for 90 days or until the court rules on the motion
## Footnote
This allows the court to address preliminary issues before proceeding with discovery.
