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STUVIA 2024/2025
1. Social Science
2. Law
3. Civil Law
Bar Exam Civpro
Terms in this set (92)
Original
If venue is proper, a district court can transfer any civil action
to another district
If venue is improper...
he district court can dismiss or transfer a case to another district
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Brainpower
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forum non conveniens
a court can decline jurisdiction over a case when it believes it should be tried elsewhere for
convenience of parties and witnesses
Erie Doctrine
A federal court exercising diversity jurisdiction applies state substantive law and federal procedural
law
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Rule 12(b) Defenses
1. lack of subject matter jurisdiction
2. lack of personal jurisdiction
3. improper venue
4. insufficiency of process
5. insufficient service of process
6. failure to state a claim
Venue Factors to Consider
where the events occurred, where parties reside, discovery costs, ease of access to evidence, cost of
witnesses to attend trial
Rule 56 - Summary Judgment
Court should grant summary judgment when there is no genuine dispute to any material fact and that
the movant is entitled to a judgment as a matter of law
Juror Qualifications
Must be a US citizen, reside in the district for at least a year, meet minimum literacy requirements and
be fluent in English, be mentally/physically capadlle of service
Motion for Directed verdict/ judgment as a matter of law
After the close of evidence, the judge decides the case in that party's favor on the basis that no facts
have been proved that would support a jury's decision for the other party
Motion for Belated directed verdict/Renewed Judgment as a Matter of Law
Stating that the jury made a decision which cannot exist under the law.
Reasons to Grant New Trial -Rule 59
Jury Tampering, Improper jury Instructions, Verdict Contrary to Weight of Evidence, Newly Discovered
Evidence
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