Venue and Choice of Law Flashcards
federal venue is proper in a district where all ____ reside, if ALL defs reside in the ___ state.
defendants reside (def's domocile) SAME
Federal venue is proper where the claim arose –where a _____ part of the ____ or ommissions on which the claim is based occurred or where a ____ part of the property is located.
substantial part
events or omissions
substantial part
For federal venue, the ____ residence does NOT count
plaintiff
For a case begun in state court and removed to federal court venue is ______ proper in the federal district where the _____ court sits, even if that district would not have been proper originally.
automatically proper
state court
Erie says that in a ____ case, a federal court has to apply state ______ law
Diversity case (only!!) substantive law
The role of the jury in a federal court is entirely controlled by federal law
State substantive law includes
Rules on what must be proved to win a case and what defenses may be asserted
the SOL on state causes of actions;
the burden of proof on state claims or defenses;
State rules on choice of law
Federal Rule of Civil Procedure ____ apply in federal court even if the substance of the claim is governed by ___ law
ALWAYS
state
When applying applicable state law
1- Follow precedent from the highest state court
2 - if there is no precedent, predict how the highest state could would rule
3- give respectful attention to the decisions of the lower state court
if suit is brought in a district court with _____ venue, and the case is transferred to another district, the law of the ______ (the original venue) forum controls. (You take the state law with you)
proper venue
the law of the transferor
if suit was brought in a district without proper venue and transferred to another district, the law of the ______ (the new venue) court controls
transferee
In a diversity action, the district court is required to apply the _____ law of the state in which the district court is located.
Here, the customer brought an action for negligence in the federal district court in State B so State B applies
substantive
The elements of a claim or defense, _____ of limitations, and burdens of _____ are all considered ______ and are controlled by the law of the _____ in which the district court is located in a federal diversity action. Award of attorney fees is considered procedural so fed court can follow fed procedure.
The elements of a claim or defense, statutes of limitations, and burdens of proof are all considered substantive and are controlled by the law of the state in which the district court is located in a federal diversity action. Award of attorney fees is considered procedural so fed court can follow fed procedure.
