Shared Flashcard Set

Details

Law Student
Civil Procedure
7
Law
Professional
10/27/2009

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Cards

Term
Venue may be in a judicial district where any defendant resides, ______________ (finish the sentence)
Definition
if defendants all reside in the same state
Term
For purposes of 1391 venue statute, reside =
Definition
domicile
Term
Venue is proper in a judicial district where _____________________giving rise to the event occurred, or a _______________ that is the subject of the action is situated.
Definition
a substantial part of the events or omissions; substantial part of the property.
Term
What is the venue fallback provision.
Definition
1391 A3 or B3;
a judicial district in which any defendant is subjct to personal jurisdiction (or may be found) at the time the action is commenced.
Term
For venue, what might it mean "to be found"
Definition
served with process or subject to personal jurisdiction
Term
True or False - Venue can be waived
Definition
True
Term
True or False - Subject matter jurisdiction can be waived
Definition
False
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