BAR CivPro
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Created by:
bwright2000 on January 24, 2011
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10 terms
Terms | Definitions |
|---|---|
 Personal Jurisdiction | The power of the court to bind the person of the defendant |
| In Rem Personal Jurisdiction | The power of court to render a judgment that binds property based on the presence of the property in the state (includes stocks, real property, personal property) It's power is limited to value of property. |
| Subject Matter Jurisdiction | Power to hear the kind of claim being brought |
| Joinder | Plaintiff is the master of his suit: can decide which claims to bring, which parties to sue, and where to bring the claim |
| Amendments to Pleadings | Courts generally allow unless adverse party will be prejudiced. Burden is on adverse party |
| Doctrine of Relation Back | Moves effective date of complaint or amendmnt to date of original pleadings so that it will be within the statute of limitation. Applies where wrong party named or parties co-tortfeasors and one was not named |
| Final Judgment Rule | Ultimate decision by trial court on merits of entire case - nothing remains to be done except execute final judgment |
| Res Judicata | Valid final judgments on the merits of a claim precludes reassertion of same claims between same parties. CALIFORNIA DISTINCTION All claims based on the same cause of action ("primary right") must be decided in a single unit. Res Judicata bars a second suit if it seeks to vindicate the same primary right (coa) No bar if separate and distinct coa found. |
| Collateral Estoppel | Precludes re-litigation of particular issues already litigated Party against whom it is asserted must have been a party in the prior lawsuit / identical issue (identical factual issue) / Actually litigated and determined (default judgment = actually determined) / necessarily determined (issue essential to final judgment / full and fair opportunity to itigate (same incentive) / final judgment |
| SLAPP | 1) D in a suit shows challenged coa arises out of a protectd activity and so files anti-SLAPP motion 2) If yes (protected activity) then P must show reasonable probability of success on the merits. |
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