Declining Jurisdiction Flashcards Preview

Civil Procedure > Declining Jurisdiction > Flashcards

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

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


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.


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.


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.


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.


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.