Notice and Venue

Question 1

The due process requirement for notice to defendant is stated in Mullane v. Central Hanover. Notice is constitutionally sufficient if it is:

“____, under all circumstances, to apprise ____ parties of the pendency of the action, and afford them an ____ and ____.”

Answer 1

(1) reasonably calculated
(2) interested
(3) opportunity to appear
(4) present objections

Question 2

An abbreviated version of the Mullane notice rule is that ____ requires ____ and an ____ to be heard.

Answer 2

(1) due process
(2) notice
(3) opportunity

Question 3

Which rule of the Federal Rules of Civil Procedure deals with initially notifying the defendant of the lawsuit?

Answer 3

Rule 4

Question 4

Under Fed. R. Civ. P. 4(e), in addition to service under state law, the means of
service on a competent adult are:

(1) ____ to defendant;
(2) leaving copies at ____ with a person of ____;
(3) serving defendant’s ____.

Answer 4

(1) personal delivery
(2) defendant’s dwelling … suitable age and discretion
(3) appointed agent

Question 5

In most cases, the federal method of service on defendants outside the district is
by the ____ statute of the state in which the federal court sits.

Answer 5

long arm

Question 6

The purposes of venue rules are:
(a) ____ to defendant
(b) ____ of caseload within the forum state

Answer 6

(1) fairness
(2) geographic allocation

Question 7

The federal statute for general venue provisions is ____.

Answer 7

28 U.S.C. § 1391

Question 8

The purpose of forum non conveniens is to move ____ based on fairness and convenience.

Answer 8

cases from one forum to another