Venue, Forum Non Convienens, Removal, Transfer Flashcards

1
Q

Venue Barf §1391

A

venue is generally good where any defendant resides, if all defendants reside in the same state OR where a substantial events giving rise to the claim occurred.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

In state court § 1391

A

All states have general SMJ, where the cause of action arose.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

In federal court § 1391

A

Must be a federal question or diversity case.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Diversity § 1391 (b) General

A
  1. Any district where defendant resides, if all D’s live in the same state 2. Any district where the substantial part of the claim occurred. 3. Any court where D is subject to PJ
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Diversity § 1391 (a)

A

No regard to action is local or transitory.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Diversity § 1391 (c) Residency

A
  1. Natural Person: Domiciled 2. Entity: Domiciled or PJ 3. Alien: Unregistered: Anywhere is good. Registered: PJ Corporations: PJ minimum contacts.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Transfer § 1404

A

Law is good, venue is good, but for convince of the case, transfer the the case to where it could have been brought.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Transfer § 1406

A

venue is wrong. Laws don’t transfer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Removal § 1441

A

(a) General: Federal court had original jurisdiction. Federal Question. or (b) Diversity: No D’s are from same state and amount in controversy is above $75k. (c) Joinder of State and Federal Claim Fed ct. because of federal q. Must add Supplemental Jurisdiction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Transfer § 1631

A

Pj no good. Court can dismiss or transfer case in the interest of justice to where it could have been brought. PJ and SMJ no good.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Forum Non Conveniens Barf Challenge to Venue

A

A court may dismiss or stay a proceeding of (1) it is a proper court or (2) there is another proper court better suited for deciding the case.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Fnc factors

A

Private (ease of proof, witness, evidence) Public (court congestion, interest of home state, forum substantive law)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly