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CIVIL PROCEDURE – LA 310. FEDERAL AND STATE COURT SYSTEMS.

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Presentation on theme: "CIVIL PROCEDURE – LA 310. FEDERAL AND STATE COURT SYSTEMS."— Presentation transcript:

1 CIVIL PROCEDURE – LA 310

2 FEDERAL AND STATE COURT SYSTEMS

3 California Appellate Districts

4 FEDERAL CIRCUITS

5 Subject Matter Jurisdiction The power of a court to hear a certain type of case. Federal Courts are court of limited subject matter jurisdiction State Courts are courts of general subject matter jurisdiction

6 Federal Court Subject Matter Jurisdiction 1. Federal Question a) Pendant or Supplemental Jurisdiction 2.Diversity Jurisdiction 3.Removal Jurisdiction

7 Personal Jurisdiction

8 California Long Arm Statute C.C.P. section : A court in this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this State or of the United States

9 International Shoe Co. v. Washington

10 “Minimum Contacts”

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17 Venue Venue is the geographical place within a jurisdiction where a case may be heard – –County within a state – –Federal district within the federal courts Not jurisdictional – may be waived by parties – –By appearance – –By contract or agreement

18 Venue CCP section 395: venue is proper in the county 1. 1.Where the wrongful act occurred (tort) 2. 2.Where the contract was entered (contract) 3. 3.Where any of the defendants or some of them reside at the start of the action (any type of case)

19 Parties to the Action Standing to sue Capacity to sue or be sued Joinder of parties

20 Standing to Sue Applies to plaintiff’s Plaintiff must be the “real party in interest” with respect to claim sued upon Plaintiff must have suffered injury Challenge standing by: – –Demurrer in state court – –Motion to dismiss in federal court – –Affirmative defense in answer

21 Capacity Each party must have legal capacity Legal entities – –Partnerships – –Corporations – –LLC’s Individuals – –Minors or incompetent persons – –Guardian ad litem

22 Joinder of Parties Compulsory Joinder – who must be joined – –Indispensable parties – –Necessary parties Permissive Joinder – who may be joined – –Test: 1. Common issues of law or fact, that 2. Arise out of same transaction or series of transactions


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