FR/CA CIV PRO JULY 2024 BAR EXAM QUESTIONS WITH COMPLETE SOLUTIONS UPDATED STUDY
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Course
FR/CA CIV
Institution
FR/CA CIV
FR/CA CIV PRO JULY 2024 BAR EXAM QUESTIONS WITH COMPLETE SOLUTIONS UPDATED
STUDY
Appeals
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 se...
FR/CA CIV PRO JULY 2024 BAR EXAM QUESTIONS WITH
COMPLETE SOLUTIONS UPDATED
STUDY
Appeals
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
Requires 1) 1The judge certifies the interlocutory order involves a controlling question of
law
2) this question involves a substantial ground for difference of opinion and immediate
appeal may terminate the need for a trial, and
3) the court of appeals agrees to take the case.
CA Subject Matter Jurisdiction
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
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
A federal question exists if a well-pleaded 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
Diversity Jurisdiction exists when:
1) there is complete diversity of citizenship between plaintiffs and defendants and
2) the AIC exceeds $75k
Citizenship
,Citizenship for a person depends upon their domicile (Residence with a subjective intent
to make the state their permanent home)
For a corporation, citizenship is determined by the corporate Principal Place of
Business, or nerve center where the company is controlled, or any state in which
incorporated.
Partnerships are citizens of the domicile state of every partner.
Executors are citizens of the Decedent's state.
Amount in Controversy (AIC)
in Federal courts, the AIC must be greater than $75k and alleged in good faith. A
plaintiff can aggregate against one defendant, or all defendants if they are joint
tortfeasors.
If suing for injunctive relief the AIC is based on the value of the benefit or the cost of
compliance
Supplemental Jurisdiction
if a federal court has SMJ over a claim, then it may exercise SJX over additional state
claims when they arise for a common nucleus of operative facts.
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
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
Only a defendant may remove if:
1) the federal court has SMJ
2) all defendants agree
3) no defendant is a resident of the forum state; and
, 4) 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
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
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.
In Personam Jurisdiction
PJ is required for a court to exercise judgement, and normally falls into two categories
1) the traditional bases of jurisdiction
and
2) modern bases of jurisdiction
Traditional Bases of Jurisdiction
The traditional Bases of Jurisdiction include
(a) domicile
(b) presence when served; and
(c) consent
Modern Bases of Jurisdiction
The Modern bases of jurisdiction are:
(a) Long Arm Statute and
(b) Constitutionality
Long Arm Statute
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.
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