Civ Pro Venue & Removal Juris Flashcards
What must be done for a venue to be considered waived?
A timely objection must be made in a pre-pleading motion or in the answer.
Can venue be waived by the parties?
Yes, venue may be waived by the parties.
Where is a business entity defendant deemed to reside for venue purposes?
In any judicial district where the defendant is subject to the court’s personal jurisdiction regarding the civil action.
Why is the domicile of the business entity’s owner irrelevant for venue purposes?
Venue is determined by the defendant’s personal jurisdiction, not the owner’s domicile.
Can subject matter jurisdiction be conferred by agreement?
No, subject matter jurisdiction cannot be conferred by agreement.
What is the difference between subject matter jurisdiction and venue?
Subject matter jurisdiction is the court’s power to adjudicate the matter, while venue relates to the proper geographic district for the action.
In the case scenario, where did the accident take place?
The accident took place in State D.
What must defendants do to raise an objection to improper venue?
They must raise it in their first response, either in a timely motion to dismiss or in the answer.
Is there a strict time limit for transferring a case from one proper venue to another?
No, there is no strict time limit for transferring a case.
True or False: Venue is presumed to be proper unless an objection is made.
True.
Fill in the blank: Venue can be conferred by _______.
agreement.
What discretion does a trial judge have regarding case transfer?
The judge may refuse transfer if it would prejudice one of the parties.
What is the significance of the two-month period mentioned in the scenario regarding case transfer?
Two months is likely not a sufficient period to prevent transfer of the case.
What is required for removal if no federal question is involved and diversity does not exist?
Removal will be permitted if nondiverse parties are dismissed, diversity jurisdiction is present, and not more than one year has passed since the case commenced in state court.
This rule is subject to certain limitations.
What is the requirement for subject matter jurisdiction in removal cases?
Subject matter jurisdiction is required for removal.
This means that the federal court must have the authority to hear the case.
In a properly removed case, where is venue proper?
Venue is proper in the federal court of the state where the case was pending.
This applies even if venue would have been improper had the plaintiff originally filed in federal district court.
What does section 1441(a) state about venue for removed actions?
Venue lies in the federal district court ‘embracing the place where such [state] action is pending.’
This establishes a correlation between venue and removal.
Who may remove a case to federal court?
Only defendants may remove a case to federal court.
A plaintiff cannot remove a case based on a counterclaim.
True or False: A plaintiff can remove a case based on a counterclaim against them.
False.
A counterclaim does not grant the plaintiff the right to remove the case.
