Declining Jurisdiction Flashcards
What are the two reasons for declining jurisdiction?
1) Common Law Doctrine of forum non conveniens
a) applies to state and federal courts
2) 1404 - Transfer for Convenience
a) Only applies to federal
What is forum non conveniens?
Defendant makes a motion to dismiss for forum non conveniens. If court grants, the case will be dismissed and the plaintiff can refile elsewhere.
What is a federal transfer?
Court, plaintiff, or defendant makes a motion to transfer to another forum. If granted, the case will be moved to another forum.
What is a 1404 transfer for change of venue?
Transfer can only be made where Plaintiff could have brought the case to begin with..
Federal transfer - can only transfer from one federal district to another.
What is a 1406 transfer for improper venue?
From a district in which venue is improper, dismissal is allowed.
Transfer used where initial forum is improper.
Can use 1406 to curve venue and personal jurisdiction problems.
What is a 1361 transfer?
From a district in which jurisdiction is lacking but which had proper venue. Venue does not have enough contracts over defendant but where the injury occurred.
