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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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, STUVIA 2024/2025
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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