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Civil Procedure for California Bar
Civil Procedure for California Bar
11
Law
Graduate
06/23/2016

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Cards

Term
Test for supplemental jurisdiction
Definition
Same case or controversy and common nucleus of operative fact
Term
Due process in personam jurisdiction
Definition
1) Minimum contacts - Purposeful availment
2) Fair play and substantial justice
Term
Minimum contacts in commercial context
Definition
Contact must be purposeful and substantial, such that defendant should reasonably foresee being taken to court there.
Term
Due process requirement for notice
Definition
Notice reasonably calculated to apprise interested parties of action and afford them opportunity to object
Term
Complaint must include
Definition
1) Short & plain statement of grounds for SMJ
2) Short and plain statement of claim
3) Demand for judgment
Term
Adjudicating motions to dismiss
Definition
Iqbal 2-step:
1) Reject legal conclusions unsupported by facts
2) Assuming truth of well-pleaded facts, determine whether allegations plausibly give rise to relief
Term
Standard for adequacy of notice
Definition
if the notice is reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of an action and afford them an opportunity to present their objections.
Term
When personal jurisdiction
Definition
1) Voluntary served
2) Domicile
3) Consent
4) Long arm statute
Term
Due process requirement for in personam PJ
Definition
1) Minimum contacts
2) Fair play and substantial justice
Term
Factors for 'fair play and substantial justice'
Definition
1) Interest of forum state
2) Shared interest of states in common social policies
3) Interest of judicial system
4) Burden on D
Term
Necessary party factors
Definition
1) Complete relief cannot be provided
2) Disposition will impair ability to protect interest
3) Leave parties exposed of multiple obligations
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