FSP Civ Pro

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Author:
stac8199
ID:
163628
Filename:
FSP Civ Pro
Updated:
2012-07-23 13:23:48
Tags:
civil procedure bar
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Description:
Civ Pro from bar points
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  1. District court has jurisdiction over what types of cases?
    • claim for $10,000 or less
    • juvenile
    • terminate parental rights
    • below the grade of felony
    • Protection of the abused, neglected, or exploited disabled adult act
    • commit the mentally ill
    • family law cases
  2. Superior court has jurisdication over what types of cases?
    • amount exceeds $10,000
    • probate of wills and admin of estates
    • principal relief sought is injunctive, declaratory, or enforcement/declaration of C right
    • appointment of guardians
    • eminent domain
    • corporate receiverships
    • review admin agenciees
    • criminal except misdemeanor
    • partition of real property
  3. What is SMJ?
    power to hear a particular type of suit
  4. What is PJ?
    power over the person
  5. What is writ of supersedeas?
    command to halt legal proceedings
  6. What is writ of mandamus?
    demand to institute legal action
  7. What is writ of certiorari?
    requires an inferior court to produce a record
  8. What is writ of prohibition?
    directing pending litigation to cease
  9. What is writ of habeas corpus?
    produce the person
  10. What are the 4 bases for PJ?
    • presence
    • domicile
    • consent
    • minimum contacts
  11. What are the exceptions to establishing PJ by presence?
    • present only in obedience to a summons to attend and testify
    • OR
    • presence obtained thru fraud
  12. What is considered the residence of a corp?
    • registered or principal office
    • maintains a place of business
    • regularly engaged in carrying on business
  13. NC long arm statute covers what kinds of cases?
    • special jurisdiction statute
    • injury to persons/property or wrongful death
    • soliciation or services activites carried on in NC - personal availment
    • products used/consumed w/in NC
    • wrongful death/injury in state arising from acts/omission OoS
    • services performed involving goods delivered to NC
    • real and tangible personal¬†property located in NC
    • deficiency judgment involving real, personal, or intangible property in NC
    • divorce if one spouse resides in NC
  14. What is in rem jurisdiction?
    • based upon the physical presence of property in the state
    • no personal liability or obligation against D
    • affects the property that serves as jurisdictional basis for lawsuit only
  15. What does in rem jurisdiction require?
    • presence in the state
    • adequate notice
  16. In NC, when may in rem or quasi in rem jurisdiction be invoked?
    • D has interest in real/personal property in NC and relief sought excludes him from such interest
    • foreclose, redeem from, or satisfy deed of trust or mortgage
    • action for divorce/annulment
    • any other action in which exercise of such jurisdiction is constitutional
  17. When may court change venue?
    • not brought in proper county
    • convenience of the W and ends of justice promoted
    • judge is interested party
  18. What are the 3 types of permissible pleadings?
    • complaint
    • answer
    • reply
  19. What must the complaint contain?
    • short plain statement sufficiently particular to provide notice
    • demand for judgment
  20. In all neg actions and claims for punitive damages that exceeds $10,000 how must the demand for judgment be stated in the complaint?
    • in excess of $10,000
    • must not specify a precise amount
  21. The complaint must set forth what?
    • division of court
    • title of action
    • designation of pleading
  22. More detailed allegations are required in the pleadings concerning what types of special matters?
    • capacity
    • fraud, duress, mistake, or condition of the mind
    • conditions precedent
    • special damages
    • punitive damages
    • medical malpractice
  23. What is service of process?
    • action commenced when complaint filed with clerk
    • must issue summons w/in 5 days
  24. Who is the proper person to serve the complaint and summons in NC?
    sheriff of that county or another person authorized by law
  25. How may a natural person be served?
    • delivering copy of complaint and summons
    • leaving copies at dwelling place with person of suitable age and discretion
    • mailing copy by certified or registered mail
  26. How may a corporation be served?
    • personally or by certified or registered mail on officer, director, managing agent, or resident agent
    • publication if can't be done personally with due diligence
  27. When must service of process be made?
    w/in 60 days after issuance of summons
  28. How does D respond to P complaint?
    by denying its allegations and/or by raising affirmative defenses
  29. When must an answer be filed?
    w/in 30 days after service
  30. What happens if D fails to answer in a timely fashion?
    default judgment may be entered
  31. What is a general denial?
    • controverts all allegations in the complaint
    • improper unless D intends in GF to context every allegation, including jurisdictional issues
  32. What is a specific denial?
    D admits/denies paragraph by paragraph
  33. What is the effect of an allegation that isn't denied or is improperly denied?
    deemed to have been admitted and is binding on parties
  34. What happens if party fails to raise an affirmative defense in his answer?
    waived
  35. What are the affirmative defenses?
    • accord & satisfaction
    • arbitration and award
    • AoR
    • contrib
    • bankruptcy
    • duress
    • estoppel
    • failure of consideration
    • fraud
    • illegality
    • injury by fellow servant
    • laches
    • license
    • payment
    • release
    • res judicata
    • SoF
    • SoL
    • truth in actions for defamation
    • usury
    • waiver
  36. What actions have SoL of 20 years?
    action for recovery or possession of real property
  37. What actions have SoL of 10 years?
    • action upon a judgment/decree of any state or fed court
    • action for the foreclosure of a mortgage of real prop
    • action for the redemption of mortgage
    • actions not specifically provided for by statute
  38. What actions have SoL of 7 years?
    • action to recover possession of real property under color of title
    • actions against decedent's administrator or executor
  39. What actions have SoL of 6 years?
    action for damages to property or for injury or wrongful death resulting from unsafe condition of an improvement of real prop
  40. What actions have SoL of 4 years?
    breach of K of sale of goods under UCC
  41. What actions hae SoL of 3 years?
    • K
    • liability created by statute
    • trespass to real property
    • trepass to chattels or conversion
    • criminal conversation
    • fees
    • fraud/mistake
    • public officer trespass under color of title
    • neg
    • assualt, battery, false imprisonment
  42. What actions have SoL of 2 years?
    • actions to recover double the amount of usurious interest paid
    • establish forfeiture of all interest for usury
    • wrongful death
    • claims against counties, cities, and towns of NC
  43. What actions have SoL of 1 year?
    • libel & slander
    • against sheriff or other officer for escape of prisoner
    • applications for widow's year's allowance
    • deficiency judgment after foreclosure
  44. What actions have SoL of 6 months?
    • K, transfer, assignment, power of attorney, or other instrument transferring or affecting unearned salaries or wages or future earnings
    • claim against city arising in tort or K
  45. What are the 12(b) defenses?
    • lack of SMJ
    • lack of PJ
    • improper venue
    • improper service
    • improper servce of process
    • failure to state a claim upon which relief can be granted
    • failure to join nec party
  46. Which 12(b) defenses are waived if not raised in first communication with court?
    • lack of PJ
    • improper venue
    • improper service
    • improper service of process
  47. Which 12(b) defenses aren't waived?
    • lack of SMJ
    • failure to state a claim
    • failure to join nec party

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