Most Frequently Tested CA Bar Rules Flashcards
Federal Subject Matter Jurisdiction
A federal court has federal question jurisdiction over the parties when the well-pleaded complaint arises under federal law
Diversity Jurisdiction
Diversity jurisdiction requires:
(1) complete diversity of citizenship between the parties;
and (2) the AIC must exceed 75K
*Citizenship for persons is based on the state of domicile (physical presence & intent to remain indefinitely) // citizenship for corporations is all states of inc and personal place of business
Removal
A defendant can remove a case from state court to federal court when (1) the case could have been initially filed in federal court, (2) if multiple defendants, all consent to removal, and (3) removed no later than 30 days after initial service of process
Personal Jurisdiction: Traditional Basis
Traditional basis is met when: (1) the party is domiciled in the forum, (2) presence in the forum when served, or (3) consent to jurisdiction
Personal Jurisdiction: Long Arm Statute & Constitutional Analysis
Long Arm Statute : Mechanism that provides the federal court to extend jurisdiction over non-residents. California’s long arm statute gives its courts power over any person or property which the state can constitutionally exercise jurisdiction.
Constitutional Analysis: (1) Minimum contacts (the party purposefully availed himself such that it is foreseeable to be hauled into the forum for litigation), (2) Fairness: Relatedness of Claim to Contact (Specific jx: claim arising from activity in the forum. General jx: systematic and continuous activity such that D is essentially at home in the forum), and (3) fairness: traditional notions of fair play and substantial justice (convenience, forum states interest, other factors) Minimum Contacts – “My Parents Frequently Forgot to Read Children Stories”
Scope of Discoverable Information
(1) Relevance
(2) Privileged Matters –Not discoverable
(3) Work Product -Protected from discovery if prepared in anticipation of litigation, unless there is a showing of (1) substantial need or (2) not otherwise available
(4) experts: production of into required about experts used at trial
Claim Preclusion
(1) Same Parties
(2) Valid final judgment on the merits
(3) same claim
(4) was actually litigated or could have been litigated
Issue Preclusion
(1) issue was actually litigated
(2) issue was essential to the judgment
(3) Case #1 ended in a valid final judgment on the merits
(4) collateral estoppel is being used against a party in case #1; and
(5) collateral estoppel is being used by a party (mutuality req.) or a nonparty so long as its fair
Community Property Guiding Principle
California is a community property state. All property acquired during marriage is presumed community property. All property acquired prior to marriage and after the end of economic community, as well as gifts and inheritance received during the marriage is presumed separate property.
Profits acquired during the marriage with the expenditure of separate funds and the rents, issue, and profits, derived from separate property are separate property.
Quasi-Community Property
Property acquired by either spouse while domiciled in a non-community property state that would be community property if the couple had been domiciled in California at the time of acquisition. At divorce, QCP is treated exactly as CP. At Death, the survivor has a ½ interest in the decedent’s QCP.
End of Economic Community
The marital economic community ends when the parties have permanent physical separation and intent not to resume the marriage, or death.
Equal Rights of Spouses to Manage Property & Transfers to Third-Parties
Management: Each spouse has exclusive management and control of his SP, and equal management and control of CP.
Transfers of Real Property: Both spouses must jointly execute a written instrument in order to validly convey community real property.
Personal Property: Cannot transfer personal belongings of one spouse without the other’s written consent.
Community Property – Personal Injury Recovery
Personal injury recovery caused by a 3P tortfeasor is the injured spouse’s SP before or after marriage, but tort recovery is CP if injury occurs during marriage.
Anti-Lucas Statute
Only applies to divorce or legal separation. If the marriage ends in death, then Lucas presumption of gift remains.
Transmutations
Transmutation is an agreement between spouses to change the character of an asset. A transmutation must be in writing signed by the adversely affected spouse and explicitly state a change in character is being made.
Substantive Due Process
Substantive DP applies if the law limits liberty of ALL persons to engage in some activity or a fundamental rights is denied to everyone.
(1) Rational Basis Test – All non fundamental rights (burden on challenger to show law is NOT rationally related to legitimate government interest)
(2) Strict Scrutiny – Fundamental Rights (burden on gov to show law is necessary to achieve a compelling interest and there is no less restrictive alternative to achieve objective)
Procedural Due Process
Requires the government to follow fair process (notice and hearing) when taking away life, liberty, or property interest.
Deprivation of Liberty – significant loss of freedom
Deprivation of Property – entitlement or reasonable expectation to continue receipt of benefits, and entitlement is not fulfilled. 3 prong test to determine what process is due: (1) importance to challenger, (2) value of procedural safeguard against, (3) gov interest in admin efficiency
