1. Jurisdiction and Venue COPY

Question 1

What is the rule for official/qualified immunity in Georgia?

Answer 1

Qualified immunity protects public officers and employees from personal liability for discretionary actions within their authority unless done with willfulness, malice, or corruption

Question 2

What is diversity jurisdiction?

Answer 2

Diversity jurisdiction refers to a federal court’s authority to hear a civil case because the parties are from different states or a party is from a foreign country if the amount in controversy is MORE than $75,000.

Question 3

What is supplemental jurisdiction?

Answer 3

i.) any claim in the case that has an independent basis of Fed Q or Diversity Jurisdiction that can be the federal anchor claim;

ii.) a state claim that has no independent basis of Fed Q or Diversity Jurisdiction in which Supplemental Jurisdiction can be exercised over; AND

iii.) The federal claim and the state claim are “so related” that they have a common nucleus of operative fact.

Question 4

What is Removal?

Answer 4

Defendant can remove to federal court if federal SMJ exists and all defendants agree within 30 days of service.

Question 5

Four requirements for a defendant to file a notice of removal;

Answer 5

To remove a case to federal court, the defendant must:

1. File a notice in the federal district court where the action is pending;
2. Attach all served pleadings to the notice;
3. Notify all opposing parties; and
4. File a copy of the notice with the state court.

Question 6

What is Personal Jurisdiction In Georgia?

Answer 6

In Georgia, personal jurisdiction is the court’s authority over an individual or entity.

Question 7

General Jurisdiction

Answer 7

A Georgia court has jurisdiction over a defendant if they are domiciled in Georgia or their principal place of business is in Georgia.

Question 8

Specific Jurisdiction

Answer 8

Even if the defendant is not a Georgia resident, jurisdiction is proper if the cause of action arises from the defendant’s contacts with Georgia.

Question 9

What are the seven bases for In Personam Jurisdiction in Georgia?

Answer 9

1. A person’s physical presence in Georgia
2. Consent by Waiver or contract
3. Domicile in Georgia
4. Corporations authorized to transact business in Georgia
5. Partnerships and associations
6. Long-arm statute
7. Non-resident motorist statute

Question 10

What is a corporation’s personal jurisdiction in Georgia?

Answer 10

A corporation incorporated in or authorized to do business in Georgia is considered a resident and subject to personal jurisdiction

Question 11

What is a partnership and Association for a personal jurisdiction in Georgia?

Answer 11

A lawsuit can target an unincorporated organization for any cause, with only the organization’s assets liable to judgment. Individual members are only liable if directly involved and served.

Question 12

What is the long-arm statute in Georgia?

Answer 12

Georgia courts have personal jurisdiction over non-residents who:

1.Transact business in Georgia.

2. Commit a tortious act or omission in Georgia.
3. Commit a tortious injury in Georgia caused by an act outside Georgia if they regularly do business or derive revenue in the state.
4. Own, use, or possess real property in Georgia.
5. Maintain a domestic relationship (e.g., child support, alimony) in Georgia.

Question 13

What is the Nonresident Motorist Statute in Georgia?

Answer 13

Out-of-state driver can be sued in:
(1) the county where the injured plaintiff resides; or
(2) the county where the crash occurred

Question 14

What are the two requirements to satisfy the Nonresident Motorist Statute in Georgia?

Answer 14

1. The court must have personal jurisdiction over all defendants and plaintiffs
2. The defendant must be a nonresident of Georgia when the cause of action arose

Question 15

What if the Nonresident motorist is a minor?

Answer 15

If the Nonresident is a minor, then both the minor and his parents or guardians are deemed to have consented to service of process.

Question 16

What is In Rem Jurisdiction in Georgia?

Answer 16

Personal jurisdiction over property located in Georgia when it is the property at issue

Question 17

What is Quasi in Rem Jurisdiction in Georgia?

Answer 17

In actions involving attachment of property, the court in the county where the property is located has quasi in rem jurisdiction

Question 18

What is venue under georgia law?

Answer 18

Under Georgia law, venue determines the proper county in which a lawsuit may be filed.

Question 19

General Venue Rule

Answer 19

Civil actions must be filed in the county where the defendant resides.

Question 20

What is the proper venue in Georgia for a case respecting title of land?

Answer 20

The county where the land is located

Question 21

What is the proper venue in Georgia for a case seeking equitable relief?

Answer 21

The county where one defendant resides

Question 22

What is the proper venue for third-party defendants in Georgia?

Answer 22

The county where the main lawsuit is pending, regardless of the third-party defendant’s residency.

Question 23

What is the proper venue in Georgia for suits against joint obligors or tortfeasors(multiple defendants) in different counties?

Answer 23

If multiple defendants reside in different counties, venue is proper in any county where one defendant resides.

Question 24

What is the proper venue in Georgia if venue would be proper in more than one county?

Answer 24

The plaintiff may choose the county and court for the action

Question 25

What is the proper venue in Georgia for a defendant who is a temporary nonresident?

Answer 25

Any county where they are found when the action is brought

Question 26

What are three additional considerations where venue against a nonresident is proper in Georgia?

Answer 26

1. A substantial part of the business was transacted 2. The tortious act, omission, or injury occurred 3. The real property is located

Question 27

What is the proper venue in Georgia for a nonresident involved in the same transaction or occurrence with a Georgia resident?

Answer 27

The county where the resident defendant can be sued

Question 28

Can a nonresident defendant transfer venue if a local defendant is dismissed BEFORE trial in Georgia?

Answer 28

Yes

Question 29

Can a nonresident defendant transfer venue if a local defendant is dismissed during trial in Georgia?

Answer 29

No, If the resident defendant is dismissed during trial: the venue is unaffected.

Question 30

What is the proper venue in Georgia for an action against a nonresident motorist brought by a Georgia Resident?

Answer 30

1. The county in which the accident or injury occurred 2. The cause of action originated; or 3. The plaintiff resides

Question 31

What is the proper venue in Georgia for an action against a nonresident motorist brought by a nonresident?

Answer 31

1. The county in which the accident or injury occurred; or 2. The cause of action originated

Question 32

What is the proper venue in Georgia for an action against a nonresident motorist if a Georgia resident is a co-defendant?

Answer 32

The county in which the Georgia defendant resides

Question 33

What is the effect of venue in Georgia if a jury returns a verdict in favor of the resident joint defendant?

Answer 33

The jurisdiction of the court over the nonresident joint defendant will not be lost or affected

Question 34

What is the proper venue in Georgia for corporations in civil proceedings?

Answer 34

The county where the corporation maintains its registered office

Question 35

What is the proper venue in Georgia for corporations that fail to maintain a registered office?

Answer 35

The county of its last registered or principal office per Secretary of State records

Question 36

What is the proper venue in Georgia for corporations in actions based on contracts?

Answer 36

The county where the contract was made or is to be performed if it has an office and does business there

Question 37

What is the proper venue in Georgia for corporations in actions because of torts or injury done?

Answer 37

The county where the cause of action originated

Question 38

What happens if a corporation fails to maintain a registered office in Georgia?

Answer 38

It is deemed to reside in the county of its last registered or principal office per Secretary of State records.

Question 39

Where can a corporation be sued in Georgia for actions based on contracts?

Answer 39

In the Georgia county where the contract was made or is to be performed if it has an office and does business there.

Question 40

Where can a corporation be sued in Georgia for actions because of torts or injury done?

Answer 40

In the county where the cause of action originated, if the corporation has an office and transacts business in that county.

Question 41

What if a corporation has no office or business in the county where the cause of action originated?

Answer 41

The defendant has the right to remove the action to the county where the defendant maintains its principal place of business within 45 days.

Question 42

What are the venues in Georgia for insurance companies where a claim can be brought?

Answer 42

A person may bring an action where: 1. the principal office of the company is located 2. the company has an agent or place of business 3. the agent or place of business was located at the time the cause of action accrued or the contract was made 4. the property covered by the insurance contract is located.

Question 43

Where should tort actions against the state be brought in Georgia?

Answer 43

In the state or superior court of the county where the loss occurred.

Question 44

Where can tort actions against the state that include an officer or employee as a defendant be brought?

Answer 44

In the county of residence of such officer or employee.

Question 45

What is the remedy when a plaintiff brings a case in the wrong county in Georgia?

Answer 45

The remedy is to transfer the case to the proper county.

Question 46

Can a case be transferred in Georgia if there’s an impartial jury?

Answer 46

Yes, the court may transfer a case if it determines that an impartial jury cannot be obtained.

Question 47

What is Vanishing Venue in Georgia?

Answer 47

If all local defendants are cleared of liability before trial, a non-resident defendant can demand the case be moved to a county where venue is appropriate.

Question 48

How does Vanishing Venue apply to third party defendants?

Answer 48

If a third party defendant is impleaded and the venue is lost over the original defending party, venue is lost over the impleaded party as well.

Question 49

What is the general rule for Forum Non-Conveniens in Georgia?

Answer 49

If a Georgia court finds that a claim would be more properly heard elsewhere, the court must decline to adjudicate the matter.

Question 50

What happens if the proper venue for Forum Non-Conveniens is another state?

Answer 50

The Georgia court must dismiss the action.

Question 51

What happens if the proper venue for Forum Non-Conveniens is elsewhere in Georgia?

Answer 51

The court may transfer the action.

Question 52

What are the six factors considered for granting a motion to dismiss or transfer venue under Forum Non-Conveniens?

Answer 52

The court must consider: 1. relative ease of access to sources of proof 2. burden of compelling witnesses 3. undue burden on defendant 4. administrative difficulties for the forum courts 5. existence of local interests in deciding the case 6. deference to the plaintiff's choice of forum.

Question 53

Can a defendant dismiss a forum non conveniens claim in Georgia?

Answer 53

No, unless the defendant provides a written stipulation waiving any statute of limitations defense in a new action.

Question 54

What is the Nonresident Action Accruing Outside Georgia?

Answer 54

Georgia law allows courts to refuse jurisdiction over civil cases filed by nonresidents for incidents that occurred outside of Georgia if a more appropriate forum is available.

Question 55

What are the five factors considered in determining jurisdiction for nonresident actions?

Answer 55

The court must consider: 1. where the action accrued 2. the location of the witnesses 3. the residence(s) of the parties 4. whether a litigant is circumventing the statute of limitations of another state 5. the public factor of convenience to and burden upon the court.