Jurisdiction Venue Fed Law Application Flashcards
(42 cards)
What is venue in the context of federal judicial districts?
Venue refers to the federal judicial districts where a case may be heard.
How can venue be established based on residency?
A district where any defendant resides, if all of the defendants reside in the same state.
What is events-based venue?
A district where a substantial part of the events that gave rise to the suit occurred.
What is property-based venue?
A district where a substantial part of the property at issue is located.
What is the fallback provision for venue?
3 district where any defendant is subject to the court’s personal jurisdiction.
How is a corporate defendant’s residency determined for venue purposes?
A corporate defendant is a resident of any judicial district where it is subject to personal jurisdiction.
Why is venue improper in the Western District of State A in the given scenario?
Venue is never based on the plaintiffs’ residency.
What is required for venue to be proper in a federal district?
Venue is proper if (1) any defendant resides, (2) a substantial part of the events occurred, (3) the property at issue is located, or (4) any defendant is subject to personal jurisdiction.
Who has the power to remove a case from state to federal court?
Only defendants listed in the plaintiff’s complaint.
What does the Burford abstention doctrine allow?
A federal court to abstain from cases that would interfere with a complex state regulatory scheme.
How many types of class actions does Federal Rule of Civil Procedure 23 recognize?
Three types: prejudicial risk, final equitable relief, and common question.
What must be provided to all class members in common question class actions?
Adequate notice must be provided.
What happens if a class member fails to opt out of a common question class action?
The class member is bound by any resulting final judgment or court-approved settlement.
What does an objection to a proposed settlement indicate?
The class member’s interests diverge from those of the class.
Is notice required for prejudicial risk and final equitable relief class actions?
No, notice is not required.
What must a class member do to pursue an individual suit involving the same claim?
Opt out of a common question class action.
What is tag jurisdiction?
Exists when the defendant is served with process while voluntarily present in the forum state.
When does tag jurisdiction not exist?
When the defendant was fraudulently or forcefully brought into the forum state.
What does FRCP 37 allow a party to do?
File and serve a motion to compel a required disclosure or response to a discovery request.
What must a motion to compel include?
A certification that the movant has, in good faith, conferred or attempted to confer with the noncompliant party.
Where must a motion to compel a party be filed?
With the court in which the action is pending.
Where must a motion to compel a nonparty be filed?
In the court where the discovery is or will be taken.
What is prohibited after the statute of limitations has expired?
An amended complaint unless the relation-back doctrine applies
The relation-back doctrine treats the amended complaint as if it were filed on the same date as the original complaint.
What are the two conditions under which an amendment that changes a defendant ‘relates back’?
- The amendment concerns the same transaction or occurrence as the original complaint
- The new party received notice of the suit within 90 days after the original complaint was filed and knew or should have known that the suit would have been brought against it but for a mistake concerning the proper party’s identity
