Jurisdiction Flashcards

1
Q

Personal Jurisdiction

A
  1. CA: analysis for whether a State court has personal jx over a ∆ is the exact same as whether a federal court has personal jx

IN PERSONAM JURISDICTION

  1. CA: statutory requirements: the statute reaches the constitutional limit
  2. constitutional requirements: same as federal
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2
Q

Subject Matter Jurisdiction – Court System

A
  1. In California, the Superior Court is the district trial court (58 Sup Ct., one per district)
    i. the Superior Court has general subject matter jx, meaning it can hear any civil case
    ii. includes cases arising under federal or foreign law
    iii. do not confuse with general pjx
  2. there are certain federal cases State courts cannot hear: bankruptcy, patent and copyright, federal anti-trust, SEC matters, IRS matters, admiralty law, actions against foreign states removed to federal court, postal matters, certain US gov’t cases, cases involving consuls and vice-consuls being sued
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3
Q

Subject Matter Jurisdiction – Classification of Cases

A
  1. limited civil cases: cases where amount in controversy does not exceed $25k (≤ $25k)
    i. applicability: cases where damages under $25k are sought
    a. unlimited if permanent injunction or declaratory judgment sought
    b. unlimited if determining title to land
    ii. effect:
    a. limited discovery
    b. cannot file special demurrer
    c. expedited jury trial
    d. no claimant can recover more than $25,000
  2. unlimited civil cases: includes cases:
    i. to determine title to land
    ii. seeking permanent injunction or declaratory judgment (equitable relief)
    iii. where amount in controversy exceeds $25k (> $25k)
  3. small claims cases:
    i. heard in small claims division of Sup. Ct.
    ii. has simplified procedures
    iii. amount in controversy is ≤ $10k for individuals, and ≤ $5k for entities
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4
Q

Subject Matter Jurisdiction– Classification and Reclassification

A
  1. classification: plaintiff initially determines the classification
    i. consider: demand amount, recovery sought, value of property, or lien amt. in controversy
    ii. only consider the claim, exclusive of interests or costs

iii. caption:
a. π must label limited cases by noting the classification in complaint’s caption
b. π does not need to label unlimited cases (caption can just say “π’s complaint”)

  1. reclassification
    i. no jurisdictional issue if case is misclassified, case is just reclassified

ii. automatic reclassification:
a. arises if π amends complaint resulting in a changed classification (ex. increases amount in controversy)
b. court clerk reclassifies the case

iii. motion to reclassify:
a. reclassification on motion of party or sua sponte
b. court must give notice to all parties and hold a hearing
c. reclassification hearing:
i) court does assess not merits of the case (we do not try the case to classify it)
ii) court can look beyond pleadings, and must consider judicial arbitration awards
iii) reclassification is permitted depending on if possible/impossible to obtain > $25k

a) unlimited to limited: reclassification permitted if:
(i) case will necessarily in a verdict ≤ $25k, or
(ii) more than $25k is virtually unobtainable

b) limited to unlimited: reclassification permitted if:
(i) possibility verdict exceed $25k

  1. multiple claims: the entire claim is either limited or unlimited
    i. aggregate all claims of a plaintiff against the same defendant, even if unrelated
    ii. for multiple parties or claims, just one party or claim needs to be unlimited for an unlimited case
    a. thus any claimant can recover any amount
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