Bar Exam: Civil Procedure
Personal Jurisdiction-Traditional - correct answer ✔✔Traditional ways of asserting personal jurisdiction
include:
1) domicile
2) presence in the state when served
3) consent
Personal Jurisdiction-Nonresidents - correct answer ✔✔1) state long arm statutes
2) constitutional limitations
a) minimum contacts
i) purposeful Av ailment
ii) foreseeability
b) relatedness of claim to contact
i) specific jurisdiction: claim arises from activity in the state
ii) systematic and continuous activity of the defendant in the state such that defendant is essentially at
home there
c) fairness: traditional notions of fair play and substantial justice
i) convenience
ii) forum state's interest
iii) plaintiff's interest
Requirements of Complaint - correct answer ✔✔CA: a statement of fact with demand for relief. Amounts
for personal injury, wrongful death, and punitive damages may not be stated.
Federal: notice pleading is generally allowed (only emphasizes pleadings as a way to notify parties of
general issues in a case)
, How to serve process - correct answer ✔✔CA and Federal courts are similar: personal or mail service on
defendant or substituted service is permitted.
Defendant's pleadings - correct answer ✔✔Answer:
Cross-claim:
Counterclaim:
Cross-Complaint:
In CA counterclaims and cross-claims are all called cross-complaints.
Pretrial Motions-Lack of PJ - correct answer ✔✔Must be raised by:
In CA:
Motion to quash service of summons
OR
Motion to set aside default
In Federal Court:
Motion to dismiss
OR
in Answer
Pretrial Motions-Lack of SMJ - correct answer ✔✔Must be raised by:
In CA:
general demurrer, motion for judgment on the pleadings, or motion for reclassification
in Federal Court:
motion to dismiss OR answer
Pretrial Motion-Improper Venue - correct answer ✔✔Must be raised by:
Personal Jurisdiction-Traditional - correct answer ✔✔Traditional ways of asserting personal jurisdiction
include:
1) domicile
2) presence in the state when served
3) consent
Personal Jurisdiction-Nonresidents - correct answer ✔✔1) state long arm statutes
2) constitutional limitations
a) minimum contacts
i) purposeful Av ailment
ii) foreseeability
b) relatedness of claim to contact
i) specific jurisdiction: claim arises from activity in the state
ii) systematic and continuous activity of the defendant in the state such that defendant is essentially at
home there
c) fairness: traditional notions of fair play and substantial justice
i) convenience
ii) forum state's interest
iii) plaintiff's interest
Requirements of Complaint - correct answer ✔✔CA: a statement of fact with demand for relief. Amounts
for personal injury, wrongful death, and punitive damages may not be stated.
Federal: notice pleading is generally allowed (only emphasizes pleadings as a way to notify parties of
general issues in a case)
, How to serve process - correct answer ✔✔CA and Federal courts are similar: personal or mail service on
defendant or substituted service is permitted.
Defendant's pleadings - correct answer ✔✔Answer:
Cross-claim:
Counterclaim:
Cross-Complaint:
In CA counterclaims and cross-claims are all called cross-complaints.
Pretrial Motions-Lack of PJ - correct answer ✔✔Must be raised by:
In CA:
Motion to quash service of summons
OR
Motion to set aside default
In Federal Court:
Motion to dismiss
OR
in Answer
Pretrial Motions-Lack of SMJ - correct answer ✔✔Must be raised by:
In CA:
general demurrer, motion for judgment on the pleadings, or motion for reclassification
in Federal Court:
motion to dismiss OR answer
Pretrial Motion-Improper Venue - correct answer ✔✔Must be raised by:
