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Finals Law > Civ Pro > Flashcards

Civ Pro Flashcards

1
Q

Rules Enabling Act Section 2071 a

A

Supreme Court and other courts can make their own rules as long as they align with congress.

This is relates to the to the pleadings.

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2
Q

Rules enabling Act Section 2071 b

A

Non Supreme Courts can make rules too after public notice

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3
Q

Rules enabling Act Section 2071 e

A

Non Supreme Courts can make rule immediately if needed but afterwards they must allow public comment

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4
Q

Rules Enabling Act Section 2072 a

A

Supreme Court makes rules for all federal district courts

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5
Q

Rule 3

A

A civil action begins with the filing of a complaint. It gives method for relief, lets courts do something for relief, and notifies defendant to respond

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6
Q

Rule 7(a) Types of Pleadings

A

List of which pleadings are allowed. Complaint, answer, cross claim etc.

This is relates to the to the pleadings.

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7
Q

Rule 7(b) Motion must be…

A

Motions must be made in writing or on the record

This is relates to the to the pleadings.

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8
Q

Rule 8(a)(2)

A

A complaint must have a short and plain statement of the claim showing the plaintiff is entitled to relief

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9
Q

Rule 8(e) Pleadings Construed

A

Pleadings must be construed and interpreted as to do justice

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10
Q

Rule 8(b)(1) Basic Answers Rule

A

State in short and plain terms the answers to allegations against it and admit or deny allegations from opposing party

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11
Q

Rule 8(b)(3) General Denial

A

Party may administer a general denial but if there party won’t deny all claims, they must deny specifically

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12
Q

Rule 8(b)(4) Part Denial

A

Good faith to deny only part of allegations must admit part that is true and deny rest

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13
Q

Rule 8(b)(5) Lack of Knowledge

A

A party with lack of knowledge can say so and it is not an admission of guilt

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14
Q

Rule 8(b)(6) Required Allegation

A

If allegation requires a response, and none is given, it is admitted as true.

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15
Q

Rule 12(b)(6)

A

Failure to state a claim upon which relief can be granted.

Tied with Rule8a2.

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16
Q

Rule 9(b)

A

Heightened pleading. One must state with particularity allegations of fraud and mistake. Knowledge, intent, malice can be proven under 8(a)(2).

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17
Q

Dioguardi Case

A

Pleadings do not require facts, just short plain statement

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18
Q

Conley Case

A

Complaint should not be dismissed unless it appears beyond doubt plaintiff can bring NO SET OF FACTS that would entitle them to relief.

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19
Q

Twombley

A

More than possibility or conceivability is required. Is the claim “plausible”

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20
Q

Twombley 2 Step Analysis

A
  1. Do not accept legal allegations as true

2. Are remaining allegations plausible?

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21
Q

Old 26(b)(1)

A

Parties may obtain discovery regarding any non privileged material relevant to the defense

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22
Q

New 26(b)(1)

A

Parties may obtain discovery for non privileged material relevant to parties claim or defense and proportional to the needs of the case.
Long list see outline for paragraph.
One can discover non-admissible material

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23
Q

Rule 26(f)(1)/(2) Discovery Conference

A

Parties must confer before discovery to discuss the case, issues with discovery, and have a discovery plan to submit to judge. Discovery plan will be submitted within 14 days of conferring.

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24
Q

Rule 26(f)(3) Discovery Plan

A

The game plan saying when discovery will be done, issues about privilege, and other issues in sharing information

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25
Q

Rule 16(b)(3) Scheduling Order

A

Roadmap for how litigation will proceed. Time limits on joining parties, amending pleadings, completed discovery, and filing motions

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26
Q

Rule 26(a)(1) Initial Disclosures

A

Without waiting for a request a party must provide information (names, address, phone numbers) of people likely to have discoverable information

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27
Q

Rule 30 Depositions

A

A dependent testifies orally under oath. Can be party or non party. The goal is to avoid surprises in court.

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28
Q

Rule 30(b)(6) Deposition of organization

A

Organization designates someone with information to be deposed on a matter.

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29
Q

Rule 33 Interrogatories

A

Written questions answered under oath. Objections must be stated with specificity and can only be sent to parties not non-parties

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30
Q

Rule 34 Request to produce

A

Request access to document, electronic material, tangible things, and access to land

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31
Q

Rule 26(b)(2)(C) General limitations on discovery

A

Court can limit discovery if

  1. Unreasonable cumulative or duplicative or can be acquired in a more convenient way and
  2. If party had ample time to ask for it already.
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32
Q

Rule 26(b)(2)(B) Electric Discovery Burden

A

A party doesn’t have to provide discovery of electronically stored information that is not reasonably available due to burden or cost.
Party may still get discovery if there is good cause subject to Rule 26(b)(2)(C)

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33
Q

Rule 26(c) Protective orders

A

Allows parties to protect their info from being publicly known. See outline for full list of actions.

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34
Q

Rule 37 Motion to compel discovery

A

Threat of sanctions if rules of discovery are not carried out or party responds incompletely

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35
Q

Rule 26(g) Last Thing of Discovery

A

Required signing of disclosure, requests, responses, and objections, certifies that discovery is complete.

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36
Q

Rule 26(b)(3) Work Product Doctrine (3 Prong)

A
  1. You ordinarily cannot use discovery for documents that other party is preparing for trial.
  2. If info cannot be recovered any other way and there is substantial need, party can request documents under 26(b)(1).
  3. Courts must protect against disclosure of mental impressions, conclusions, opinions, or other legal theories of other party’s attorney.
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37
Q

Purpose of Work Product Doctrine

A

To extend attorney client privilege to prompt orderly prosecution and defense

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38
Q

Rule 26(b)(5) privilege log 3 prong

A
  1. If a party claims privilege for not recording something, they have to keep a record of that
  2. If a party receives a privileged item, the sending party can request it be destroyed and the receiving party must do so.
  3. Receiving party may ask judge to determine if they can use that material
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39
Q

Hickman Case

A

Lawyer took notes from interviews of witnesses. They are work product with mental impressions

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40
Q

Upjohn Case

A

Attorney client privilege protects communications that help lawyer give advice. This extends to lower employees in corporation, not just control group.

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41
Q

Rule 56(a) main summary judgment rule

A

The court shall grant summary judgment if movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

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42
Q

Purpose of summary judgment

A
  1. Efficiency avoiding useless trials

2. lessening costs

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43
Q

Rule 56(a) and (b) Specific Sum judge

A

Movant must identify each claim or defense on which party seeks summary judgment or part of each claim and defense which they seek summary judgment

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44
Q

Rule 56(c) Disputed Claims

A

When a party asserts a fact is not genuinely disputed or is disputed, this is the rule dictating what must be shown to support that. Long list see outline.

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45
Q

Rule 56(d) Aids Non-moving party Sum judge

A

If nonmoving party shows that for specified reason it cannot present facts essential to justify its opposition to motion, courts have ways to aid non-movant

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46
Q

Rule 56(e) Party fails to dispute facts

A

If party fails to support or address whether there is a genuine dispute of material fact as required under 56(c), court may rule however it wants

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47
Q

Rule 56(f) Judgment independent of motion

A

After notice and reasonable time to respond, court may grant summary judgment or rule for movant without being prompted.

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48
Q

Pre-Trilogy summary judgment

A

A litigant has a right to trial when there are slightest doubt to facts. Summary judgment was seen as exception not rule

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49
Q

Lundeen v Cordner

A

Party may not withstand motion for summary judgment on vague superstition that something might turn up

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50
Q

Cross v United States

A

There should not be summary judgment when there is dispute of fact

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51
Q

Trilogy Cases

A

Matsuhita v Zenith/Anderson v Liberty Lobby/Celotex v Catrett

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52
Q

Effect of Trilogy

A

“a reasonable jury could not return a verdict for the non-moving party

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53
Q

Celotex v Catrett

A

Defendant/moving party is not required to provide affirmative evidence to support its motion

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54
Q

Scott v Harris modern summary judgment

A

Irony that standard is no reasonable jury could find for non movant and the Supreme Court cannot agree on facts of this case

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55
Q

Kahan Study

A

Differences between group viewing videotape. Speaks to what a reasonable jury is and what they would find.

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56
Q

Rule 50(a)(1) Motion for JMOL

A

Once plaintiff has been fully heard, defendant can ask judge to rule if court think reasonable jury would not have legal sufficient basis to rule for non movant.

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57
Q

Rule 50(a)(2) and (b) JMOL Timing

A

JMOL motion can be made at any time before case is submitted to jury.
IMPORTANT: If you don’t file before trial, you can’t file after jury ruling

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58
Q

Rule 59(a)(1)(A) New Trial

A

After a jury trial, a judge can order a new trial for any reason that a new trial has been granted before in federal court

Happens after trial

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59
Q

Rule 50(c) JMOL Rule on All Cases

A

When court grants a renewed motion for judgment as a matter of law, it must also rule on any motion for a new trial in case judgment is reversed or vacated

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60
Q

Rule 50(d) JMOL New Trial Timing

A

A party against whom JMOL is rendered has 28 days to file any motion for new trial

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61
Q

Rule 50(e) JMOL Apply New Trial

A

If a trial court denies JMOL, prevailing party can assert grounds for new trial in event appellate court says JMOL should have been granted

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62
Q

Galloway v United States

A

Supreme Court case saying JMOL does not violate the 7th amendment

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63
Q

Iqbal

A

Confirms Twombley applies to all cases

The court must draw on its judicial experience and common sense

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64
Q

Rule 8(c)(1) Raises…

A

Raises affirmative defenses

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65
Q

Rule 12(c) Judgment on…

A

Judgment on the pleadings. Same as 12(b)(6) but it comes after complaint and answers were filed

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66
Q

Rule 12(e) Motion for a…

A

Motion for a more definite statement. Helps party respond better

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67
Q

Rule 12(f) Motion to…

A

Motion to strike, usually filed before answer and is generally not a favored motion

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68
Q

Rule 15(a)(1) Amending as…

A

Amending as a matter of course. Plaintiff can file amended pleadings within timing requirements

69
Q

Rule 15(a)(2) Permissive Amendments

A

Permissive amendments. Before trial other amendments are permitted, court should grant freely when justice requires.

70
Q

Rule 15(c)(1) Relation Back 3 Prong

A

Relation Back. Gets you around statute of limitations when
A)law dictates statute of limitations allows relation back,
B)The amendment makes a claim or defense that arose out of conduct/occruance set out in the original pleading or
C)It changes the party or the naming of the party against whom the claim is asserted (Krupski)

71
Q

Rule 11(a) Signing

A

Party must sign every pleading motion or paper

72
Q

Rule 11(b) Attorney’s knowledge

A

To best of attorney’s knowledge they are not presenting for improper reasons, raising frivolous arguments, and are supported with evidence

73
Q

Rule 11(c)(2) Safe Harbor Period

A

Safe Harbor Period. Motion shouldn’t be filed if challenged item is withdrawn or corrected within 21 days after served.

74
Q

Rule 11(c)(4) Sanctions

A

Sanctions limited to what will deter this conduct in the future, non monetary directives, penalty paid to court, reasonable fees, non punitive

75
Q

Rule 11(d) applies to 11(c)

A

Rule 11(c) doesn’t apply to discovery

76
Q

Section 1927 sanctions

A

Attorney who multiplied the proceeding in any case UNREASONABLY AND VEXATIOUSLY may be ordered to pay other party’s legal fees

77
Q

Claim Preclusion/Res Judicata

A

3 Step Test

  1. Claimant asserted same claim in case 1 and 2. Claim is fairly considered part of same claim involved in first lawsuit
  2. Cases must have same plaintiff same defendant
  3. Case 1 ended with final judgment on the merits
78
Q

Issue Preclusion/Collateral Estoppel

A

5 Step Test

  1. Mutuality generally required (NMCOE 2 exceptions)
  2. Same issue in prior action as present action
  3. Must show the same issue was litigated and determined in case 1
  4. Resolution of issue must be necessary to case 1 judgment
  5. Case 1 ended on final judgment on merits.
79
Q

Defensive Non Mutual Collateral Estoppel

A

Defensive: Newcomer is defendant. Defendant tries to estop plaintiff from relitigating an issue decided against plaintiff in first case

80
Q

Offensive Non Mutual Collateral Estoppel

A

Offensive: Newcomer is plaintiff. Plaintiff tries to estop defendant from relitigating issue decided against defendant in first case

81
Q

Article IV

A

Full faith and credit shall be given in each state to public acts, record, and judicial proceedings of every other state.
State A to State B: State A’s preclusion laws are followed

82
Q

28 USC 1738

A

Such acts, records, and judicial proceedings… shall have full faith in credit in every court within the US.
Expands Article IV to federal courts

83
Q

Durfee v Duke

A

Full faith and credit. Generally requires every state to give a judgement at least the res judicata effect which the judgment would be accorded in the state that rendered it.

84
Q

Semtek Takeaway

A

There is a federal court preclusion exception see notes for violation of federal interest.

85
Q

Personal Jurisdiction

A

The power that a court has over the parties to make decisions to bind the parties in a case in a state

86
Q

3 Sources of Personal Jurisdiction

A
  1. Due process clause of constitution
  2. Rule 4(k)(1)(A)
  3. Long arm statutes
87
Q

Due Process Clause

A

No state shall deprive any person of life, liberty, or property without due process of law
Applies to personal jurisdiction 14th amendment

88
Q

Rule 4(k)(1)(A)

A

This is the rule that allows for personal jurisdiction. Not sure anything beyond that

89
Q

Long Arm Statute

A

The statute that allows specific and general jurisdiction over people state may not have otherwise

90
Q

International Shoe

A

Requires minimum contacts to not offend notion of fair play or substantial justice

91
Q

Personal Jurisdiction types

Beyond General and Specific

A

In personum
In Rem
Quasi in rem
Quasi in rem II

92
Q

Quasi in rem

A

Determination of ownership binds only the parties in the lawsuit

93
Q

In rem

A

Ownership of property binds whole world (old ship)

94
Q

QIR II

A

Doesn’t concern ownership of property

Pennoyer

95
Q

McGee

A

Business was solicited by TX. co The policy was contact in state and cause of action arose out of that state.

96
Q

Shaffer

A

Arose outside of forum state and not enough contacts in DE

97
Q

Specific Jurisdiction

A

When a state exercises personal jurisdiction over a defendant in a suit arising out of or related to defendant’s contacts with that forum

98
Q

Minimum Contacts usually determined by

A

Purposeful availment to benefits and protections of forum state

99
Q

General Jurisdiction

A

When a state exercises personal jurisdiction over a defendant in a suit not arising out of defendant’s contacts with forum

100
Q

Goodyear Language on Int’l shoe

A

Defendant’s affiliations with state are so continuous and systematic as to render them essentially at home in the state

101
Q

Perkins

A

Company moved HQ to Ohio during wartime. That was enough to render them at home there

102
Q

Helicopteros

A

Mere purchases not sufficient for minimum contact standard even if regularly occurring

103
Q

BNSF

A

Harm occurred in another sate, and railroad is headquartered not in Montana and principal place of business was not in Montana

104
Q

Burger King

A

If a contract involving defendant has a substantial connection with a state personal jurisdiction over defendant may be appropriate

105
Q

Volkswagen 2 Tests

A
  1. Purposeful availment/Foreseeability of being hailed into court
  2. Factors of reasonableness and fairness
    Forum state interest
    Plaintiffs interest
    Judicial system efficiency
106
Q

Asahi

A

Stream of Commerce Rulings:
Brennan awareness that stream of commerce would lead to forum state is availment
O’Connor awareness plus targeting forum

107
Q

Nicastro

A

One can avail themselves to US and not any individual state

108
Q

Calder

A

Intentionally causing an effect somewhere can be a contact

109
Q

Walden

A

Contact with people from forum state is not equal to contacts with forum state

110
Q

Panavision

A

Like Calder, out of state plaintiff causing targeted harm at CA. Specific jurisdiction in CA.

111
Q

Carnival Cruise

A

Forum selection clause on the ticket.

112
Q

Subject Matter Jurisdiction

A

Whether state or federal court can hear a case, non-waivable

113
Q

Federal Courts SMJ

A

Limited subject matter jurisdiction except for admiralty, bankruptcy…etc

114
Q

State Courts SMJ

A

State courts are courts of general subject matter jurisdiction

115
Q

Article III

A

Congress decides what gets exercised in federal court and can cut Article III authority. Congress decided amount in controversy is 75k

116
Q

Advantages of Federal Court (4)

A
  1. Judges appointed to life terms making them more neutral
  2. Federal courts tend to have more homogeneous make up than state courts
  3. Federal court trials generally move faster
  4. Difference in jury standards and jury pools
117
Q

Two Main types of SMJ

A

Federal Question and Diversity of Citizenship

118
Q

28 USC 1332(a)

A

Diversity of citizen statute. District court shall have original jurisdiction over all civil actions where matter in controversy exceeds 75k and is between 1) citizens of different states and 2) citizens of a state and citizens of a foreign state

119
Q

Strawbridge

A

Tells us complete diversity is required meaning each plaintiff must be diverse citizenship from each defendant

120
Q

Mas

A

One definition of domicile is: place of true fixed permanent home and principal establishment and to which he has intention of returning whenever he is absent.

121
Q

28 USC 1332(b) (costs in fed court)

A

Plaintiff finally adjudged to be entitled to recover less than 75k court can deny costs to plaintiff but can also impose them

122
Q

Aggregation rules

A

Single P can aggregate against single D
Single P cannot aggregate claims against multiple D’s unless brought with joint liability
Multiple P’s cannot aggregate claims against one D

123
Q

28 USC 1332(c)(1) Corporation Home

A

Corporation shall be deemed a citizen of every state and foreign state by which it is incorporated and where it has its principal place of business

124
Q

Hertz

A

Principal place of business is place where high level officers direct, control, and coordinate corporation.
Nerve Center

125
Q

28 USC 1331 Fed Court original jurisdiction

A

District courts have original jurisdiction over civil actions arising under the constitution, laws, or treatises of US

126
Q

Well Pleaded Complaint Rule

A

Court looks only to plaintiffs complaint not defendant’s counterclaims to determine whether there is federal question under 1331

127
Q

Mottley

A

Mottley sues for breach of contract. They allege railroad will defend based on federal law. No jurisdiction because well pleaded complaint rule.

128
Q

Grable

A

IRS took Grable’s land and sold to Darue. Grable brings suit saying Dare title is invalid. Question over IRS ability to seize land is a significant Federal question. Cause removed to federal court.

129
Q

Merrell Dow

A

Opposite result of Grable. State tort claim resting in part on allegation of Federal misbranding violation. No federal jurisdiction because federal question was not necessary to state claim.

130
Q

Supplemental Jurisdiction

A

When courts exercise original jurisdiction over a claim they can also exercise jurisdiction over additional claims that otherwise would not have been able to be brought

131
Q

Article III says… Supp. Jurisdiction

A

Federal courts can take jurisdiction over entire cases or controversies.

132
Q

Reasons for Supp. Jurisdiction (2)

A
  1. Efficiency, convenience, avoid jury confusion

2. Otherwise claim forced to state court

133
Q

Gibbs Case

A

Violation of plaintiff’s labor rights under federal labor law but same claim also under state law.
Fed. and state claim derive from a common nucleus of operative fact (part of same case or controversy)

134
Q

4 Gibbs Takeaways

A
  1. Convenience, fairness, and judicial economy, not to confuse juries
  2. Supplemental jurisdiction is at court’s discretion
  3. If federal claim dismissed before trial, state claim should be too
  4. If state law claim predominates, it should be dismissed
135
Q

Finley Case

A

P v FAA on federal tort claim and P v City on state court claim. Supreme Court rejected supplemental jurisdiction

136
Q

28 USC 1367(a) supp. jurisdiction statute

A

Codification of common nucleus of operative fact. Where courts have original jurisdiction, they will also have supplemental jurisdiction over all claims from same case or controversy

137
Q

28 USC 1367(c) supp. jurisdiction (4)

A

District court may decline to use 1367(a) if

  1. Claim presents complex or novel state law
  2. state claim predominates over claim that court has original jurisdiction over
  3. District court has dismissed claims over which it had original jurisdiction
  4. In exceptional circumstances if there is reason to do so
138
Q

Owen v Kroeger

A

Where original jurisdiction is based on diversity of citizenship, complete diversity of citizenship is needed to exercise supplemental jurisdiction

139
Q

Three policy goals of joinder

A
  1. Litigate economically
  2. Manageable trials in size and complexity
  3. Avoid adverse effects on strangers to a lawsuit
140
Q

Joinder

A

Uniting plaintiffs, defendants, and causes of action

141
Q

USC 1367(b) funky rule about when joinder doesn’t have jurisdiction

A

In claims under 1332(diversity of citizenship) courts do not have jurisdiction on claims by plaintiffs brought against persons made parties under rules 14,19,20,24 or by persons proposed to be joined as plaintiff under rule 19

142
Q

What 1367(b) restricts in joinder

A

Restricts reach of supplemental jurisdiction in 1307(a) and prevents plaintiff from naming diverse defendants for original jurisdiction then sneaking in non-diverse defendants through supplemental jurisdiction. Promotes honesty.

143
Q

Rule 19 Required Joinder

A

Required joinder of parties. Without one party involved, justice incomplete
Ex: Patent hypo in outline

144
Q

Rule 20 Permissive Joinder

A

For both plaintiffs and defendants. Has to arise out of same transaction or occurrence.
Ex: Car crash hypo joining two P’s and two D’s

145
Q

Rule 24(a) Intervention as a right

A

See outline for verbiage. Ex: Those who applied to Michigan Law of various races who could be effected by disposition of case.

146
Q

Rule 14(a) Joinder 3rd party

A

Defendant as 3rd party plaintiff serves non-party who may be liable for claim against it.
Defendant: If I’m liable, this 3rd party is liable to me

147
Q

Rule 14(b) Joinder 3rd party

A

When a claim is asserted against P, P may bring in 3rd party if rule would allow defendant to do so
Plaintiff: If I’m liable, this 3rd party is going to be liable

148
Q

Rule 13(a) Compulsory counterclaim

A

Logical relationship between counter claim and main claim. Use it or lose it. File with answer.

149
Q

Rule 13(b) Permissive counterclaim

A

Any claim that isn’t compulsory. Not required to assert but need jurisdiction.

150
Q

Rule 13(g) Cross claim

A

Defendant sues other defendant (If I’m liable, you’re liable to me)

151
Q

Allapatah

A

If one Plaintiff meets the amount in controversy, supplemental jurisdiction can be applied to plaintiffs who don’t.

152
Q

4 Steps for joinder

A
  1. Original jurisdiction
  2. Satisfy 1367(a)
  3. Exclusions in 1367(b) (1332 rules)
  4. Anything worth excluding in 1367(c)
153
Q

28 USC 1441(a) (Removal General)

A

If an action is in state court and the claim has original jurisdiction in federal court. it can be removed to federal district where state claim is pending

154
Q

28 USC 1441(b) (defendant removal barred)

A

A civil action is removable solely on basis of 1332 (diversity of citizenship) may not be removed if any defendants in interest are a citizen in the state where the claim is being brought

155
Q

28 USC 1441 (c)(1) (remove whole action)

A

If a claim has a part with original federal jurisdiction and a claim without federal jurisdiction, the entire action may be removed if the action would be removable without the 2nd part

156
Q

28 USC 1441(c)(2) (remand part action)

A

The federal court can then remand non-original jurisdiction part of action back to state court

157
Q

28 USC 1446(a) (procedure to remove case)

A

File for removal in US district court where state case is pending

158
Q

28 USC 1446(b)(1) (timing of removal filing)

A

Must file for removal within 30 days of receiving complaint

159
Q

1446(b)(2)(A) (consent to removal)

A

Where case is removed under 1441(a) parties have to consent to the removal

160
Q

1446(b)(3) Timing if amended

A

If amended to be removable, defendant can file 30 days after receiving.

161
Q

1446(c)(2) (amount of controversy determined)

A

Amount in controversy determined by the initial pleading

162
Q

1446(d) (communication)

A

If defendant files for removal, they have to tell courts and plaintiff. Send notice to court and adverse parties.

163
Q

Venue

A

Statutory not constitutional. Third hurdle after PJ and SMJ. Determines where a case will be geographically in court system

164
Q

28 USC 1391(a) General Venue

A

This section governs where we should file

165
Q

28 USC 1391(b)(1)/(2)/(3)

A

A civil action may be brought:

  1. in a judicial district in which any defendant resides if all defendants reside in that state
  2. A judicial district in which a substantial part of the events or omissions giving rise to the claim occured
  3. If there is no district which 1 or 2 apply, a civil action can be brought anywhere defendant is subject to personal jurisdiction
166
Q

28 USC 1391 (c) resident definition

A
  1. A person resides where they are domiciled

2. An entity resides anywhere they are subject to personal jurisdiction

167
Q

28 USC 1391 (d) long rule dividing state

A

If contacts are sufficient, corporation can reside in a district like it were a state

168
Q

28 USC 1404(a) statute for transfer

A

Rarely occurs. District court may transfer a civil action to any other district…where it might have been brought…or to where all parties consent

169
Q

Forum Non conveniens

A

When a case cannot be transferred. Two different judicial systems that have no relationship.
State to Federal (need removal)
Country to country

Finals Law (3 decks)

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