Download FR/CA Civil Procedure: Appeals, Jurisdiction, and Personal Jurisdiction and more Exams Nursing in PDF only on Docsity!
FR/CA Civ Pro July 202 5 Bar exam 1
WITH QUESTIONS AND LATEST UPDATED
ANSWERS
Appeals - correct answer Must be made within 30 days. Unless the party is the US Government or agent thereof, then the appeal must be filed within 60 days. However if a timely renewed motion for JMOL, for a new trial, or to set aside or amend the judgement of the day, the running of the 30 days is terminated. Upon a ruling of those post-trial motions, a new 30-day period begins to run. Interlocutory Appeal - correct answer Requires 1) 1The judge certifies the interlocutory order involves a controlling question of law
- this question involves a substantial ground for difference of opinion and immediate appeal may terminate the need for a trial, and
- the court of appeals agrees to take the case.
CA Subject Matter Jurisdiction - correct answer Civil Court cases are categorized depending on how much money is at controversy. Limited Civil Cases: AIC of $25k or less. Restrictions on equitable, declaratory relief. Unlimited Civil Cases: AIC of over $25k, no other limits. Small Claims Cases: $10k or less, or for a business, $5k or less. Subject Matter Jurisdiction - correct answer Federal Courts are courts of limited jurisdiction and can only hear cases it has SMJ. SMJ exists if there is a Federal Question or Diversity of Citizenship Federal Question - correct answer A federal question exists if a wellpleaded complaint alleges a claim that arises under federal law, the U.S. Constitution or US treaties. ***Raising a federal defense is not sufficient Diversity Jurisdiction - correct answer Diversity Jurisdiction exists when:
- there is complete diversity of citizenship between plaintiffs and defendants and
SJX cannot be used to circumvent lack of diversity and cannot provide for jurisdiction over third parties. SJX does not require AIC or diversity, and if not used solely to defeat diversity and the common nucleus requirements, then SJX will likely be granted. Denying Supplemental Jurisdiction - correct answer A federal court may decline SJX over state claims when: a) it raises a novel or complex issue of state law (b)it substantially predominates over the claim(s) of which the district court had original jurisdiction (c) the court has dismissed all claims of original jurisdiction or (d) in exceptional circumstances. State claims do not substantially predominate over federal claims when the facts needed to prove each claim are identical or similar. Removal to Federal Court - correct answer Only a defendant may remove if:
- the federal court has SMJ
- all defendants agree
- no defendant is a resident of the forum state; and
- removal is sought within 30 days of either service e of the summons or receiving the initial pleading (whichever is shorter) A plaintiff may never remove, and a case cannot be removed more than on year after commencement in a diversity action if a plaintiff files the case in a state court a defendant must remove it to the federal district court that embraces that state court. Remand to State Court - correct answer A federal court must remand a case to state court if there is no federal SMJ. A federal court May remand a case that originally had SMJ once the federal claims have been decided. A motion to remand must be filed within 30 days of a request for removal State v. Federal Jurisdiction - correct answer State courts can try federal question cases, as long as there is no implied restriction by congress. States may not discriminate because a case is based strictly on Federal Law.
Long Arm Statute - correct answer Many States have adopted long arm statutes which allow personal jurisdiction over non-residents. While long-arm statutes can differ by state, Jurisdiction under a long- arm statute must satisfy the constitutional requirements for the exercise of jurisdiction. Many states, like California have adopted long-arm statutes which extended personal jurisdiction to the limits of the Constitution Constitutionality - correct answer To satisfy the Constitutional requirements for personal jurisdiction, the defendant must have such minimum contacts with the forum state as to not offend traditional notions of fair play and substantial justice. In determining whether such minimum contacts are present, courts look to three things:
- the level of contacts
- relatedness to cause of action
- whether the exercise of jurisdiction would be fair Contacts - correct answer In determining minimum contacts, the court looks
- whether the defendant purposefully availed himself of the forum state and
- whether the exercise of jurisdiction by the forum state would be foreseeable Purposeful - correct answer The contacts were purposeful if the Defendants availed themselves of the benefits and protections of the forum state's laws. **knowledge that your product is being sold in another state is not enough, you need to advertise, send goods, activate a two-way website, etc. Also-if you drive on another state's roads you availed yourself of the protections of their traffic laws-purposefully availed Foreseeable - correct answer The Contacts were foreseeable if the defendant could foresee being haled into court based on contacts in the forum state Relatedness - correct answer The Relatedness of a contract to the controversy determines if the court will exert General or Special Jurisdiction
Filed only after an answer has been filed and pleadings are closed Service of Process - correct answer Process may be served by anyone 18 years of age or older who is not a party to the case. The three federal methods of service upon individuals are
- deliver to the defendant personally, leave at defendant's dwelling with someone of suitable age and discretion who resides there, or deliver to the defendant's agent;
- use any service method authorized by state law in the state where the action is pending or in the state where service is taking place or
- if the defendant has waived the right to personal service, by sending a copy of the summons and complaint by first-class mail. Service Upon Corporations - correct answer Process May be served upon corporations by
- hand-delivery to an officer or a managing or general agent of the defendant
- any service method authorized by state law in the state where the action is pending or in the state were service is taking place or
- if the defendant has waived the right to personal service by sending via first - class mail Venue - correct answer Venue is proper in any district where a) any defendant resides (if all defendants are residents of forum state) b) where a substantial portion of the claim occurred c) where a substantial part of subject/property is located or d) if none of the above apply, then venue is proper in any judicial district where any defendant is subject to personal jurisdiction. Proper venue is determined when the suit is filed; a subsequent change of domicile by a party does not warrant a change in venue Transfer of Venue - correct answer If venue was proper, a court may transfer venue if:
- needed for convenience of parties and witnesses or interest of justice and
- the action could have been brought in the receiving court (proper venue and jurisdiction)
For contract actions, venue is proper in the county where the contract was executed or to be performed. For Tort actions, venue is proper in the county where the act or omission giving rise to the tort occurred Forum Non Conveniens - correct answer allows a court to decline jurisdiction and dismiss an action if the court where the action was brought would be a seriously inconvenient forum and an adequate alternative forum exists in a foreign country Scoped of Discovery - correct answer Discovery shall include all information
- relevant to any party's claim or defense;
- that is not privileged; or
- is proportional to the needs of the case In CA- a party may obtain discovery of all non-privileged information that is relevant to the subject matter involved in the pending action Limits on the Scope of Discovery - correct answer The judge will determine the benefits to the parties, the needs of the case, the
amount in controversy, parties respective resources, importance of the issues and importance of the discovery in resolving those issues Physical or Mental Exams - correct answer When a person's condition is in controversy, a physical or mental exam of the person may be requested. Physical and mental examination are the only discovery tools for which advance court approval is required. The court requires a showing of "good cause" for the examination. 26(f) Conference - correct answer A meet and confer to plan discovery, this conference should be as soon as possible and must take place 21 days prior to scheduling conference. Initial disclosures must be exchanged 14 days after the 26(f) conference, unless the court stipulates otherwise. Interrogatories - correct answer A party may request 25 interrogatories and if more are needed bring this issue up at the 26(f) conference. Parties have 30 days to respond to interrogatories Depositions - correct answer A formal interview under oath.
Res Judicata - correct answer Precludes parties in an action from relitigating any claims that was or could have been raised in that action. Requires:
- parties are identical or in privity
- there was a final judgement on the merits and
- same claim based on same transaction or occurrence as that previously litigated in CA all appeals must be exhausted. A dismissal with prejudice equals a final judgement on the merits. If the plaintiff wins, then the new claim is merged , if the defendant wins then the new case is barred (three requirements Same parties, final judgement and same transaction or occurrence) Collateral Estoppel - correct answer Precludes a party from attempting to retry an issue if there has been a final judgement on the merits by a court of competent final judgement on the merits by a court of competent jurisdiction. invoked if:
- a valid and final judgement was rendered
- issue is identical to the issue previously decided
- issue was actually litigated and determined essential to the prior action and
- party against whom enforcement is sought had full and fair opportunity to litigate the issue in the first action. if one state initially issues a judgement that states laws determine if it can be used non- mutually in another state. The Erie Doctrine - correct answer In a federal case under diversity the court will apply its own federal procedural laws but must apply state substantive law. Procedural laws - civil procedure rules, burden of proof and rebuttable presumptions. Substantive laws - choice of law rules, statute of frauds, damages and the statute of limitations.. Statute of Limitations - correct answer Limits the amount of time a plaintiff may bring a claim to encourage resolution of claims within a reasonable time before evidence has been lost or facts have become unclear through the passage of time, defect of memory , death or disappearance of witnesses
Judgement as a matter of Law (JMOL) - correct answer Occurs if a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient basis to find for the arty on that issue. Here, the court may:
- resolve the issue against the party
- grant a motion for JMOL against the party. the movant must make this motion prior to submission of the case to the jury and if they do after the verdict against them they can move for a renewed JMOL Renewed (JMOL) - correct answer A renewed motion for a JMOL may be filed no later than 28 days after entry of the judgement and is limited to those issues raised in the JMOL. If the party did not motion prior to the assignment to the jury, they have not preserved the right to file a renewed JMOL Judge or Jury - correct answer Under the 7th amendment, if a case contains both legal and equitable claims arising from a common nucleus of operative facts, then the legal claims should be tried by the jury first, and the equitable claims would be tried by the court afterward. this works in the opposite in CA.
Motion for New Trial - correct answer This motion must be filed no more than 28 days after judgement. The court may grant a new trial for an error during trial, juror misconduct or if the verdict is against the weight the weight of the evidence. Plain error - correct answer A court may consider a plain error in the instructions when the claim was not preserved by proper objection and only if the error affects substantial rights. Insufficiency of Evidence - correct answer In situations where you fail to raise the issue of insufficiency of evidence in a motion for JMOL, RJMOL or a new trial, you have failed preserve, and can't raise this issue on appeal. Relief from a Judgment order - correct answer On motion or on its own (sua sponte) a court may relieve a party from a final judgement order if there is
- mistake
- new evidence that could not be found with due diligence
- fraud
- any reason that justifies relief Reason 1, 2, and 3 must be raised within a year, other reasons must be raised within a reasonable time.
