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GA Civ Pro > 1. Jurisdiction and Venue COPY > Flashcards

1. Jurisdiction and Venue COPY Flashcards

1
Q

What is the rule for official/qualified immunity in Georgia?

A

Qualified immunity protects public officers and employees from personal liability for discretionary actions within their authority unless done with willfulness, malice, or corruption

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2
Q

What is diversity jurisdiction?

A

Diversity jurisdiction refers to a federal court’s authority to hear a civil case because the parties are from different states or a party is from a foreign country if the amount in controversy is MORE than $75,000.

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3
Q

What is supplemental jurisdiction?

A

i.) any claim in the case that has an independent basis of Fed Q or Diversity Jurisdiction that can be the federal anchor claim;

ii.) a state claim that has no independent basis of Fed Q or Diversity Jurisdiction in which Supplemental Jurisdiction can be exercised over; AND

iii.) The federal claim and the state claim are “so related” that they have a common nucleus of operative fact.

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4
Q

What is Removal?

A

Defendant may remove plaintiff’s state court action to federal court when:
i.) The case could have been brought in federal court where the original state court action is pending; or
ii) at least one claim falls under subject-matter jurisdiction.

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5
Q

Timing requirement for a defendant to file a notice of Removal

A

A Notice of removal must be filed within 30 days of service of the initial pleading.

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6
Q

Four requirements for a defendant to file a notice of removal;

A

To remove a case to federal court, the defendant must:

  1. File a notice in the federal district court where the action is pending;
  2. Attach all served pleadings to the notice;
  3. Notify all opposing parties; and
  4. File a copy of the notice with the state court.
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7
Q

What are the seven bases for In Personam Jurisdiction in Georgia?

A
  • A person’s physical presence in Georgia
  • Consent by Waiver or contract
  • Domicile in Georgia
  • Corporations authorized to transact business in Georgia
  • Partnership and associations
  • Long-arm statute
  • Non-resident motorist statute
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8
Q

What is a corporation’s personal jurisdiction in Georgia?

A

A corporation incorporated in or authorized to do business in Georgia is considered a resident and subject to personal jurisdiction

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9
Q

What is a partnership and Association for a personal jurisdiction in Georgia?

A

A lawsuit can target an unincorporated organization for any cause, with only the organization’s assets liable to judgment. Individual members are only liable if directly involved and served.

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10
Q

What is the long-arm statute in Georgia?

A

Georgia courts can assert personal jurisdiction over nonresidents in cases related to specific activities, such as:

1.Doing business in Georgia.
2. Committing a tort (excluding defamation) in Georgia or outside Georgia if the individual:
-Regularly conducts business,
-Solicits business,
-Engages in persistent conduct, or
-Earns substantial revenue from Georgia.
3. Cases involving alimony, child support, or property division in a divorce.
4. Owning, using, or possessing property in Georgia.
5. Maintaining a marital home in Georgia at the start of the case.
6. Living in Georgia before the case began, even if no longer cohabiting.

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11
Q

What is the Nonresident Motorist Statute in Georgia?

A

Out-of-state driver can be sued in:
(1) the county where the injured plaintiff resides; or (2) the county where the crash occurred

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12
Q

What are the two requirements to satisfy the Nonresident Motorist Statute in Georgia?

A
  1. The court must have personal jurisdiction over all defendants and plaintiffs
  2. The defendant must be a nonresident of Georgia when the cause of action arose
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13
Q

What if the Nonresident motorist is a minor?

A

If the Nonresident is a minor, then both the minor and his parents or guardians are deemed to have consented to service of process.

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14
Q

What is In Rem Jurisdiction in Georgia?

A

Personal jurisdiction over property located in Georgia when it is the property at issue

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15
Q

What is Quasi in Rem Jurisdiction in Georgia?

A

In actions involving attachment of property, the court in the county where the property is located has quasi in rem jurisdiction

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16
Q

What is venue under georgia law?

A

Under Georgia law, venue refers to the proper location where a legal case should be filed and heard.

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17
Q

What is the proper venue in Georgia for a case involving one individual defendant?

A

The county of residence of the defendant at the time the case is filed

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18
Q

What is the proper venue in Georgia for a case respecting title of land?

A

The county where the land is located

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19
Q

What is the proper venue in Georgia for a case seeking equitable relief?

A

The county where one defendant resides

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20
Q

What is the proper venue for third-party defendants in Georgia?

A

The county where the main lawsuit is pending, regardless of the third-party defendant’s residency.

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21
Q

What is the proper venue in Georgia for suits against joint obligors or tortfeasors in different counties?

A

Any county where one defendant resides

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22
Q

What is the proper venue in Georgia if venue would be proper in more than one county?

A

The plaintiff may choose the county and court for the action

23
Q

What is the proper venue in Georgia for a defendant who is a temporary nonresident?

A

Any county where they are found when the action is brought

24
Q

What are three additional considerations where venue against a nonresident is proper in Georgia?

A
  1. A substantial part of the business was transacted
  2. The tortious act, omission, or injury occurred
  3. The real property is located
25
Q

What is the proper venue in Georgia for a nonresident involved in the same transaction or occurrence with a Georgia resident?

A

The county where the resident defendant can be sued

26
Q

Can a nonresident defendant transfer venue if a local defendant is dismissed BEFORE trial in Georgia?

A

Yes

27
Q

Can a nonresident defendant transfer venue if a local defendant is dismissed during trial in Georgia?

A

No, If the resident defendant is dismissed during trial: the venue is unaffected.

28
Q

What is the proper venue in Georgia for an action against a nonresident motorist brought by a Georgia Resident?

A
  1. The county in which the accident or injury occurred
  2. The cause of action originated; or
  3. The plaintiff resides
29
Q

What is the proper venue in Georgia for an action against a nonresident motorist brought by a nonresident?

A
  1. The county in which the accident or injury occurred; or
  2. The cause of action originated
30
Q

What is the proper venue in Georgia for an action against a nonresident motorist if a Georgia resident is a co-defendant?

A

The county in which the Georgia defendant resides

31
Q

What is the effect of venue in Georgia if a jury returns a verdict in favor of the resident joint defendant?

A

The jurisdiction of the court over the nonresident joint defendant will not be lost or affected

32
Q

What is the proper venue in Georgia for corporations in civil proceedings?

A

The county where the corporation maintains its registered office

33
Q

What is the proper venue in Georgia for corporations that fail to maintain a registered office?

A

The county of its last registered or principal office per Secretary of State records

34
Q

What is the proper venue in Georgia for corporations in actions based on contracts?

A

The county where the contract was made or is to be performed if it has an office and does business there

35
Q

What is the proper venue in Georgia for corporations in actions because of torts or injury done?

A

The county where the cause of action originated

36
Q

What happens if a corporation fails to maintain a registered office in Georgia?

A

It is deemed to reside in the county of its last registered or principal office per Secretary of State records.

37
Q

Where can a corporation be sued in Georgia for actions based on contracts?

A

In the Georgia county where the contract was made or is to be performed if it has an office and does business there.

38
Q

Where can a corporation be sued in Georgia for actions because of torts or injury done?

A

In the county where the cause of action originated, if the corporation has an office and transacts business in that county.

39
Q

What if a corporation has no office or business in the county where the cause of action originated?

A

The defendant has the right to remove the action to the county where the defendant maintains its principal place of business.

40
Q

What are the venues in Georgia for insurance companies where a claim can be brought?

A

A person may bring an action where:
1. the principal office of the company is located
2. the company has an agent or place of business
3. the agent or place of business was located at the time the cause of action accrued or the contract was made
4. the property covered by the insurance contract is located.

41
Q

Where should tort actions against the state be brought in Georgia?

A

In the state or superior court of the county where the loss occurred.

42
Q

Where can tort actions against the state that include an officer or employee as a defendant be brought?

A

In the county of residence of such officer or employee.

43
Q

What is the remedy when a plaintiff brings a case in the wrong county in Georgia?

A

The remedy is to transfer the case to the proper county.

44
Q

Can a case be transferred in Georgia if there’s an impartial jury?

A

Yes, the court may transfer a case if it determines that an impartial jury cannot be obtained.

45
Q

What is Vanishing Venue in Georgia?

A

If all local defendants are cleared of liability, a non-resident defendant can demand the case be moved to a county where venue is appropriate.

46
Q

How does Vanishing Venue apply to third party defendants?

A

If a third party defendant is impleaded and the venue is lost over the original defending party, venue is lost over the impleaded party as well.

47
Q

What is the general rule for Forum Non-Conveniens in Georgia?

A

If a Georgia court finds that a claim would be more properly heard elsewhere, the court must decline to adjudicate the matter.

48
Q

What happens if the proper venue for Forum Non-Conveniens is another state?

A

The Georgia court must dismiss the action.

49
Q

What happens if the proper venue for Forum Non-Conveniens is elsewhere in Georgia?

A

The court may transfer the action.

50
Q

What are the seven factors considered for granting a motion to dismiss or transfer venue under Forum Non-Conveniens?

A

The court must consider:
1. relative ease of access to sources of proof
2. availability and cost of compulsory process for unwilling witnesses
3. possibility of viewing premises
4. unnecessary expense or trouble to the defendant
5. administrative difficulties for the forum courts
6. existence of local interests in deciding the case
7. traditional deference to the plaintiff’s choice of forum.

51
Q

Can a defendant dismiss a forum non conveniens claim in Georgia?

A

No, unless the defendant provides a written stipulation waiving any statute of limitations defense in a new action.

52
Q

What is the Nonresident Action Accruing Outside Georgia?

A

Georgia law allows courts to refuse jurisdiction over civil cases filed by nonresidents for incidents that occurred outside of Georgia if a more appropriate forum is available.

53
Q

What are the five factors considered in determining jurisdiction for nonresident actions?

A

The court must consider:
1. where the action accrued
2. the location of the witnesses
3. the residence(s) of the parties
4. whether a litigant is circumventing the statute of limitations of another state
5. the public factor of convenience to and burden upon the court.

GA Civ Pro (14 decks)

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