Declining Jurisdiction Flashcards Preview

Civil Procedure > Declining Jurisdiction > Flashcards

Flashcards in Declining Jurisdiction Deck (6)
Loading flashcards...
1

What are the two reasons for declining jurisdiction?

1) Common Law Doctrine of forum non conveniens
a) applies to state and federal courts
2) 1404 - Transfer for Convenience
a) Only applies to federal

2

What is forum non conveniens?

Defendant makes a motion to dismiss for forum non conveniens. If court grants, the case will be dismissed and the plaintiff can refile elsewhere.

3

What is a federal transfer?

Court, plaintiff, or defendant makes a motion to transfer to another forum. If granted, the case will be moved to another forum.

4

What is a 1404 transfer for change of venue?

Transfer can only be made where Plaintiff could have brought the case to begin with..
Federal transfer - can only transfer from one federal district to another.

5

What is a 1406 transfer for improper venue?

From a district in which venue is improper, dismissal is allowed.
Transfer used where initial forum is improper.
Can use 1406 to curve venue and personal jurisdiction problems.

6

What is a 1361 transfer?

From a district in which jurisdiction is lacking but which had proper venue. Venue does not have enough contracts over defendant but where the injury occurred.