1. Civil Litigation

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3.  CALIFORNIA SUPREME COURT ◦ 7 JUSTICES  CALIFORNIA APPELLATE COURTS ◦ 6 DISTRICTS  CALIFORNIA TRIAL COURTS—SUPERIOR COURTS ◦ ONE IN EACH COUNTY 3

4.  HISTORY—MUNICIPAL AND SUPERIOR  CURRENT—SUPERIOR: LIMITED AND UNLIMITED JURISDICTION ◦ LIMITED JURISDICTION—UNDER 25K 4

5. 5 Power or authority that a court has to hear a case

6.  SUBJECT MATTER  PERSONAL (In Personam)  IN REM/QUASI IN REM 6

7.  SUBJECT MATTER JURISDICTION  AND EITHER  PERSONAL OR IN REM OR QUASI IN REM 7

8.  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

9.  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

10.  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

11.  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

12.  Plaintiff chooses forum court  If state court chosen, defendant generally has right to remove to federal court 12

13.  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

14.  EVERYTHING NOT WITHIN EXCLUSIVE JURISDICTION OF FEDERAL COURTS  GENERAL V. LIMITED JURISDICTION ◦ Different rules for procedure, especially discovery ◦ Different rules for appeal 14

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16.  JUDGMENT IS VOID  CAN BE ATTACKED AT ANY TIME  CHALLENGED BY  Motion to Dismiss (fed ct.)  Demurrer (state court) 16

17.  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. 17

18.  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 18

19. 19 DEFENDANT HAS SUFFICIENT CONTACTS WITH STATE TO SATISFY TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE

20.  Long Arm Statutes  Terms vary: often included  accident occurring in state  injury occurring in state  contract entered into or performed in state 20

21.  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. 21

22.  Jack and Jill marry in New York; After 5 years they split. She comes to Calif., he goes to Florida 22

23.  IN REM JURISDICTION  QUASI IN REM JURISDICTION 23

24.  SAME AS STATE COURT IN WHICH FED COURT IS LOCATED 24

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26.  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 26

27.  Selecting the proper geographical area from all courts having jurisdiction  can be waived 27

28.  RESIDENCE OF DEF.  WHERE CAUSE OF ACTION ARISES  WHERE PLAINTIFF RESIDES IF DEF. IS U.S. GOV. 28

29.  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 29