Civil Litigation

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T HE UNIT E D S T A T E S F E D E RA L C O URT S

U.S. District Courts9 4 Ju d ic ia l D is tric ts

U .S . B an k ru p tcy C ou rts

U.S. Court ofInternational T rade

U.S. Court of Federal Claim s

TRIAL COURTS

U.S. COURTS OF APPEALS1 2 R eg ion a l C ircu it C ou rts o f A p p ea ls

1 U .S . C ou rt o f A p p ea ls fo r th e F ed era l C ircu it

UNITED STATES SUPREM E COURT

CALIFORNIA SUPREME COURT◦ 7 JUSTICES

CALIFORNIA APPELLATE COURTS◦ 6 DISTRICTS

CALIFORNIA TRIAL COURTS—SUPERIOR COURTS◦ ONE IN EACH COUNTY

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HISTORY—MUNICIPAL AND SUPERIOR

CURRENT—SUPERIOR: LIMITED AND UNLIMITED JURISDICTION◦ LIMITED JURISDICTION—UNDER 25K

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Power or authority that a court has to hear a case

SUBJECT MATTER

PERSONAL (In Personam)

IN REM/QUASI IN REM

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SUBJECT MATTER JURISDICTION

AND EITHER

PERSONAL OR IN REM OR QUASI IN REM

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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

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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

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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

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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

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Plaintiff chooses forum court

If state court chosen, defendant generally has right to remove to federal court

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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

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EVERYTHING NOT WITHIN EXCLUSIVE JURISDICTION OF FEDERAL COURTS

GENERAL V. LIMITED JURISDICTION◦ Different rules for procedure, especially discovery◦ Different rules for appeal

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ANALYZING A CASE FOR SUBJECT MATTER JURISDICTION

Since federal courts have specific limited jurisdiction, analyze your case to see ifit fits into any of the categories of federal court power:

Is this a dispute that arises under the U.S. Constitution?

Is this a dispute involving a treaty?

Is this a dispute where a specific federal law confers jurisdiction on federalcourts?

Does diversity of citizenship exist between the parties?

Is there complete diversity so that no plaintiff and no defendant arecitizens of the same state?

Does the amount of the dispute exceed $75,000?

If there is a basis for federal court jurisdiction, is that jurisdiction exclusive orconcurrent?

If federal court jurisdiction is concurrent with state court jurisdiction, do you wantto file in federal court or state court?

If there is no basis for federal court jurisdiction, or if jurisdiction is concurrent,which state court has jurisdiction?

JUDGMENT IS VOID

CAN BE ATTACKED AT ANY TIME

CHALLENGED BY Motion to Dismiss (fed ct.) Demurrer (state court)

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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.

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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

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DEFENDANT HAS SUFFICIENT CONTACTS WITHSTATE TO SATISFY TRADITIONAL NOTIONS OFFAIR PLAY AND SUBSTANTIAL JUSTICE

Long Arm Statutes

Terms vary: often included accident occurring in state injury occurring in state contract entered into or performed in state

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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.

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

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IN REM JURISDICTION

QUASI IN REM JURISDICTION

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SAME AS STATE COURT IN WHICH FED COURT IS LOCATED

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U .S . C on s titu t ionTrea tiesF ed era l L aw sD ivers ity o f C it izen sh ipU n ited S ta tes a P arty

Federal Courts

M os t O th er C ases

State Courts

SUBJECT M AT T ER a n d

Residence in State orContacts w ith State;

Property in State

Notice

PERSONAL, IN REM o rQUASI IN REM

JURIS D IC T IO N

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

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Selecting the proper geographical area from all courts having jurisdiction

can be waived

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RESIDENCE OF DEF.

WHERE CAUSE OF ACTION ARISES

WHERE PLAINTIFF RESIDES IF DEF. IS U.S. GOV.

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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

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