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Chapter 2

Chapter 2. Civil Litigation. CALIFORNIA COURTS. CALIFORNIA SUPREME COURT 7 JUSTICES CALIFORNIA APPELLATE COURTS 6 DISTRICTS CALIFORNIA TRIAL COURTS—SUPERIOR COURTS ONE IN EACH COUNTY. CALIFORNIA TRIAL COURTS. HISTORY—MUNICIPAL AND SUPERIOR

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Chapter 2

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  1. Chapter 2 Civil Litigation

  2. CALIFORNIA COURTS • CALIFORNIA SUPREME COURT • 7 JUSTICES • CALIFORNIA APPELLATE COURTS • 6 DISTRICTS • CALIFORNIA TRIAL COURTS—SUPERIOR COURTS • ONE IN EACH COUNTY

  3. CALIFORNIA TRIAL COURTS • HISTORY—MUNICIPAL AND SUPERIOR • CURRENT—SUPERIOR: LIMITED AND UNLIMITED JURISDICTION • LIMITED JURISDICTION—UNDER 25K

  4. JURISDICTION Power or authority that a court has to hear a case

  5. JURISDICTION • SUBJECT MATTER • PERSONAL (In Personam) • IN REM/QUASI IN REM

  6. JURISDICTION REQUIREMENTS • SUBJECT MATTER JURISDICTION • AND EITHER • PERSONAL OR IN REM OR QUASI IN REM

  7. SUBJECT MATTER JURISDICTION • POWER TO HEAR THE TYPE OF CASE BEFORE THE COURT • FEDERAL COURTS AND STATE COURTS HAVE DIFFERENT TYPES OF SUBJECT MATTER JURISDICTION • SOMETIMES EXCLUSIVE • SOMETIMES CONCURRENT

  8. FEDERAL COURT SUBJECT MATTER JURISDICTION • Actions under U.S.Constitution • Actions under federal law • may be exclusive or concurrent • Actions where U.S. is party • Diversity of Citizenship • concurrent jurisdiction with states

  9. DIVERSITY OF CITIZENSHIP • Plaintiffs and Defendants from different states • No plaintiff and no defendant from same state • Amount in controversy exceeds $75,000 • Almost always concurrent jurisdiction with at least one state • Corporations: Citizens of state where incorporated and principal place of business (nerve center) • Special rules for mass tort cases

  10. DIVERSITY--EXAMPLES • Auto Accident in California • Plaintiff driver a Calif. Resident • Defendant driver a Nevada Resident • Auto Accident in California • Plaintiff driver and Plaintiff passenger Calif. Res. • Defendant driver and Def. Owner, Nev. Res. • Auto Accident in California • Plaintiff driver, Calif. Res • Def. Driver, Nev. Res; def. Owner, Calif. res

  11. CONCURRENT JURISDICTION • Plaintiff chooses forum court • If state court chosen, defendant generally has right to remove to federal court

  12. PENDENT JURISDICTION • Right of federal court to hear cause of action coming under state subject matter jurisdiction if combined with cause of action based on federal subject matter jurisdiction

  13. STATE COURT JURISDICTION • EVERYTHING NOT WITHIN EXCLUSIVE JURISDICTION OF FEDERAL COURTS • GENERAL V. LIMITED JURISDICTION • Different rules for procedure, especially discovery • Different rules for appeal

  14. LACK OF SUBJECT MATTER JURISDICTION • JUDGMENT IS VOID • CAN BE ATTACKED AT ANY TIME • CHALLENGED BY • Motion to Dismiss (fed ct.) • Demurrer (state court)

  15. PERSONAL JURISDICTION • AKA IN PERSONAM JURISDICTION • Authority over the defendant • power to render a judgment binding on a def. • Constitutional Requirement • Due Process Clause of 14th Amend.

  16. ACQUIRING PERSONAL JURISDICTION • Courts have personal jurisdiction over defendants who reside within state • Courts have personal jurisdiction over non-resident defendants when • Consistent with U.S. Constitution and • Consistent with laws of state

  17. CONSTITUTIONAL REQUIREMENT DEFENDANT HAS SUFFICIENT CONTACTS WITH STATE TO SATISFY TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE

  18. STATE LAWS • Long Arm Statutes • Terms vary: often included • accident occurring in state • injury occurring in state • contract entered into or performed in state

  19. EXAMPLES • Auto Accidents--Review slide 17--What if accident happened in Arizona • Jane buys toy in N.Y. for grandson who lives in Calif. Toy explodes, injuring child; toy not sold in Calif.

  20. EXAMPLE • Jack and Jill marry in New York; After 5 years they split. She comes to Calif., he goes to Florida

  21. SBSTITUTES FOR PERSONAL JURISDICTION • IN REM JURISDICTION • QUASI IN REM JURISDICTION

  22. PERSONAL JURISDICTION OF FEDERAL COURTS • SAME AS STATE COURT IN WHICH FED COURT IS LOCATED

  23. LACK OF PERSONAL JURISDICTION • CAN BE WAIVED BY DEFENDANT • WAIVED BY GENERAL APPEARANCE • NOT WAIVED BY FAILURE TO APPEAR • ATTACKING PERSONAL JURISDICTION • MOTION TO QUASH OR DISMISS IN FED CT. • MOTION TO QUASH IN STATE COURT

  24. VENUE • Selecting the proper geographical area from all courts having jurisdiction • can be waived

  25. FEDERAL CT. VENUE • RESIDENCE OF DEF. • WHERE CAUSE OF ACTION ARISES • WHERE PLAINTIFF RESIDES IF DEF. IS U.S. GOV.

  26. STATE COURT VENUE • COUNTY WHERE DEF. RESIDES • WHERE CAUSE OF ACTION ARISES • WHERE ACCIDENT OCCURS • WHERE CONTRACT ENTERED INTO OR TO BE PERFORMED • WHERE REAL PROP. LOCATED • OFTEN MORE THAN ONE CHOICE

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