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civil procedure > Venue - Erie - Week #4 > Flashcards

Venue - Erie - Week #4 Flashcards

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Civil Procedure 1L flashcards
1
Q

Forum Non Conveniens

A

A doctrine permitting a court to dismiss a case over which it has jurisdiction if an alternate jurisdiction is more convenient for hearing the matter.

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2
Q

Venue

A

The place where a case is appropriately brought to a trial, usually determined by some connection between the place on the one hand and the parties or the underlying dispute or transaction on the other.

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3
Q

Bates v. C & S Adjusters

A

In an action brought under the Fair Debt Collection Practices Act, venue exists in a district in which the debtor resides and to which a collection agency’s demand for payment was forwarded.

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4
Q

Hoffman v. Blaski

A

The power of a district court to transfer an action to another district depends not upon the wish or waiver of the defendant but, rather, upon whether the transferee district was one in which the action might have been brought initially by the plaintiff.

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5
Q

Who selects the venue for litigating a case?

A

P’s Lawyer

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6
Q

The lawyer finds that proper venue of his actions depends upon _____, ________, _________?

A

The theory of his claim, the subject matter of his claim, the parties involved, or a combination of factors.

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7
Q

13 different situations which venue statutes are predicated. pgs 362 - 364.

A 
Where the subject of action is situated. 
Where the cause of action arose. 
Where some fact is present or happened.
Where the D resides.
Where the D is doing business. 
Where the D has an office or place of business. 
Where the P is doing business.
Where the D may be found. 
Where the D may be summoned or served.
In the county designated in the P's complaint.
In any county.
Where the seat of government is located.
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8
Q

Bates v. C & S Adjusters

A

The issue is whether venue exists in a district in which the debtor resides and to which a bill collector’s demand for payment was forwarded. The court concluded that venue was proper under 28 U.S.C. section 1391(b)(2) and therefore reverse and remand.

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9
Q

Fair Debt Collection Practices Act

A

A federal law, codified at 15 U.S.C. § 1692, that protects consumers against abuses in the collection of personal, family, and household debts.

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10
Q

What are the two ways to get venue in federal court?

A
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11
Q

Can you consent to SMJ?

A

No

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12
Q

How do you challenge SMJ?

A

SMJ belongs to the court.

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13
Q

Crown = PJ - SMJ - Venue

A

All are equally important. Must have all three.

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14
Q

Venue in Federal Courts 1391

A

The district in which the D resides, if all defendants are residents of that same state;

A district in which a substantial part of the events giving rise to the suit occurred; OR

If neither of the above options is available, any district in which any D is subject to PJ.

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15
Q

Venue

A

The geographic specification of the proper court for litigation of a civil action that is within the SMJ of the DC.

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16
Q

Venue in General

A
  1. a judicial district in which any D resides, if all Ds are residents of the State in which the district is located;
  2. a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; OR
  3. if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any D is subject to the court’s PJ with respect to such action.
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17
Q

Change of Venue

A

One federal court to another federal court. Can change across state lines from one federal court to another federal court.

NO states.

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18
Q

He likes to EXAM

A
  1. Change of venue situation - every exam.
  2. Step #1 - Transfer from a state court to its federal court and step #2 - then transfer to another federal court. Up and over move. Two steps.
  3. Pg 380 #6.
  4. Change of Venue Flowchart - section 1404
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19
Q

Can you retro-active consent?

A

No

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20
Q

Forum Non-conveniens

A

A court’s discretionary power to decline to exercise its jurisdiction where another court may more conveniently hear a case.

Two part test. 1. Balancing Test, 2. Adequate Alternative Inquiry Test.

21
Q

Can someone consent to SMJ?

A

You can NOT consent to SMJ. Its the court’s ability or authority to hear a case. SMJ belongs to the court.

22
Q

PJ

A

Narrows it down to the state.

23
Q

SMJ

A

Determines whether a state or federal court will hear the case.

24
Q

Venue

A

Which court within a state will hear a case

25
Q

Venue in General - A civil action may be brought in -

A
  1. first rule - a judicial district in which any D resides, if all Ds are residents of the State in which the district is located; This only applies if all D live in the same state. Doesn’t apply to Ds of different states.
  2. second rule - a judicial district in which a substantial part of the events OR omissions giving rise to the claim occurred, OR a substantial part of property that is the subject of the action is situated; sue where a substantial part of the event happened. Substantial - synonyms - large part, enough, significant. Substantial does NOT mean the majority.
  3. third rule - if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any D is subject to the court’s PJ with respect to such action. This third option is rarely used.
26
Q

How does venue soften tag jurisdiction?

A

D has to reside in that district or a substantial part of the events happened in that district.

27
Q

What does it mean for a D to reside in a state?

A 
People = domiciled
Company = shall be deemed to reside if a D in any judicial district in which such D is subject to the court's PJ in respect to the civil action in question.
28
Q

Two ways to get VENUE

A
  1. where D resides.

2. where substantial part of events occurred.

29
Q

Exam question

A

He has NEVER given a final exam where he didn’t put a change of venue problem on it.

It is one of his favorite things in the world.

30
Q

Exam question

A

The Nevada State Court removal to Nevada Federal Court transfer of venue to Oregon Federal Court.

Chart - Step #1 removal and Step #2 Transfer of Venue.

31
Q

Why can a Federal Court from one state send a case to another Federal Court in another state?

A

They are part of the same system.

32
Q

How are removal and transfer different?

A

Removal is a vertical move whereas transfer is a horizontal move. Remove from a state court to a federal court and transfer from one federal court to another federal court.

33
Q

What is required to transfer a case from one federal court to a different federal court.

A

It must be convenient to witnesses and parties. (It doesn’t have to be ALL the witnesses and parties). Two steps - It must be convenient to SOME of the witnesses and SOME of the parties.

34
Q

Would transfer be in the ___________?

A

Interest of justice

35
Q

Change of Venue Flowchart (1404)

He like this on EXAMS

A

This chart covers everything and he likes to test on it.

  1. convenience
  2. interest
  3. could the case have been brought originally in transferee court? OR do all the parties consent to change venue (unlikely).
36
Q

Can you give retro-active consent

A

NO

37
Q

What happens if you file a case in the wrong division or district?

A

The court can dismiss the lawsuit, or it can transfer the case. Two options - dismiss or transfer.

38
Q

Forum Non Conveniens

A

A court can dismiss a case if it is convenient. they may have PJ, SMJ, and Venue, but a court can still dismiss it.

39
Q

Forum Non conveniens

A

Two scenerios - 1. filled in state court, but , dismiss and P can re-file somewhere else. 2. In federal courts - involving international matters/suits. Dismiss and refile.

40
Q

For corporations, where do they reside?

Where does a court have jurisdiction over a corporation?

A

Where a court has PJ over them. 1391(c)(2).

41
Q

Rules Decision Act (RDA)

A

Requires that Federal Courts to apply the “laws of the several states” when deciding cases, unless federal law controls.

Putting it another way - Federal courts sitting in diversity are bound to apply state law.

42
Q

Erie Doctrine

A

Federal Courts sitting in diversity must apply state substantive law and may only apply federal procedural law.

43
Q

Outcome Determinative Test

A

Determines whether a particular law is substantive or procedural.

Issue is whether failure to apply state law will lead to different substantive outcomes.

44
Q

Swift v Tyson

A

Laws of the several states, includes only statutory and constitutional law, not state common law.

Overturned by Erie

45
Q

Erie v Tompkins

A

Federal courts sitting in diversity must apply the laws of the state in which they sit, including statutory and state common law.

In diversity cases, federal courts must apply the law of the state in which the court sits, including statutory and state common law.

  • prevents forum shopping between state and federal court.
  • prevents in equitable administration of federal law.
46
Q

Hanna v Plumer

A

When a valid federal statute conflicts with state law, the Supremacy Clause controls, and federal law applies.

  • if a valid federal statutory rule applies, apply the federal rule.
  • if no federal statutory rule applies, federal courts apply state law if it would prevent forum shopping.
  • federal law displaces conflicting state law only if the federal rule is: 1. valid, 2. applicable.
47
Q

Validity - Rules Enabling Act

A

Validity requires:

  • constitutional validity, and
  • compliance with the Rules Enabling Act
  • The Rules Enabling Act: The FRE and FRCP cannot abridge, enlarge, or modify a substantive right.
48
Q

Applicability (on point)

A

When state law applies, state laws should apply.

only federal rules that speak to the same issue can displace that state law.

civil procedure (4 decks)

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