A plaintiff is deciding where a corporation resides for federal venue purposes. Which statement is most accurate? The correct answer states how corporate residence is determined for venue. 28 U.S.C. 1391(c)
Citations: 28 U.S.C. 1391(c)
A case is filed in a proper federal venue, but most witnesses and evidence are located in another federal district where the case could have been brought. Which statute is the ordinary basis for transfer? The correct ans...
Citations: 28 U.S.C. 1404(a)
A plaintiff argues that the fallback venue provision allows suit in any district where any defendant is subject to personal jurisdiction. When does that fallback provision apply? The correct answer states when the fallba...
Citations: 28 U.S.C. 1391(b)(3)
...court for aggravated assault after a late-night fight outside a music venue. Defendant claims that the alleged victim, Patron, rushed him with a broken bottle and that Defendant only pushed Patron away. The government cl...
Citations: Fed. R. Evid. 404(a)(2), Fed. R. Evid. 405(a), Fed. R. Evid. 403
A concert promoter contracted with a venue to host a charity concert. The contract required the venue to provide sound, security, and seating. It also stated: "After deducting expenses, Venue shall pay $50,000 of the eve...
Citations: Restatement (Second) of Contracts 302, Restatement (Second) of Contracts 309, Restatement (Second) of Contracts 317, Restatement (Second) of Contracts 318, NCBE NextGen UBE Content Scope, Contracts
A concert promoter rented a rooftop venue for one night to host a viewing party during a city fireworks show. The venue owner knew the promoter's sole purpose was the fireworks viewing. One week before the event, the cit...
Citations: Restatement (Second) of Contracts 261, Restatement (Second) of Contracts 265, UCC 2-615, NCBE NextGen UBE Content Scope, Contracts
A defendant files a first Rule 12 motion raising improper venue and failure to state a claim but omits lack of personal jurisdiction. After that motion is denied, the defendant tries to move to dismiss for lack of person...
Citations: Fed. R. Civ. P. 12(h)
A venue contract required a promoter to pay $20,000 if it canceled a scheduled concert. At contracting, the venue's lost profits and rebooking costs were difficult to estimate, and $20,000 was a reasonable forecast of li...
Citations: Restatement (Second) of Contracts 356, UCC 2-718, NCBE NextGen UBE Content Scope, Contracts
...sonal jurisdiction. Defendant files a Rule 12 motion raising improper venue and failure to state a claim but does not raise personal jurisdiction. The personal-jurisdiction objection was available at that time. What is t...
Citations: Federal Rule of Civil Procedure 12, Personal-jurisdiction waiver principles
...Inc. was sued after its chief financial officer, Morgan, announced revenue numbers that later proved overstated. Morgan was named in three claims. First, a securities-fraud claim by investors was dismissed on the merits...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act indemnification principles
...tate M. The plaintiff files in the federal District of State N, where venue is otherwise proper under Section 1391. How is the clause ordinarily enforced? The correct answer states the Atlantic Marine enforcement rule. A...
Citations: Atlantic Marine Construction Co. v. U.S. District Court, 28 U.S.C. 1404(a)
...Which analysis best protects the legally relevant interests? Correct. Venue is proper in a district authorized by statute, and transfer or dismissal depends on whether venue is proper, convenience, justice, and forum-sel...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...hat appears favorable. What should a strong answer do first? Correct. Venue is proper in a district authorized by statute, and transfer or dismissal depends on whether venue is proper, convenience, justice, and forum-sel...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...the strongest arguments for each side, state the controlling rule for venue and transfer, apply it to the material facts, and explain the likely remedy or consequence. This essay tests venue and transfer in the syllabus...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...the strongest arguments for each side, state the controlling rule for venue and transfer, apply it to the material facts, and explain the likely remedy or consequence. This essay tests venue and transfer in the syllabus...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...iversity jurisdiction. In which State B federal districts, if any, is venue proper? Discuss. This essay tests original venue selection under Section 1391 with corporate residence and substantial-event facts. 28 U.S.C. 13
Citations: 28 U.S.C. 1391
...due in District C. Which statement best describes substantial-events venue? The correct answer states the substantial-events venue basis. 28 U.S.C. 1391(b)(2)
Citations: 28 U.S.C. 1391(b)(2)
...r federal district for removal? The correct answer states the special venue rule for removed cases. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
...jurisdiction and failure to state a claim but does not raise improper venue. What is the likely effect on the venue defense? The correct answer states the Rule 12 waiver rule for venue. Fed. R. Civ. P. 12(b)(3), Fed. R...
Citations: Fed. R. Civ. P. 12(b)(3), Fed. R. Civ. P. 12(h)
...s in the Northern District of State A. Which statement best describes venue in that district? The correct answer states one of the core federal venue bases. 28 U.S.C. 1391(b)(1)
Citations: 28 U.S.C. 1391(b)(1)
A federal court concludes that litigation should proceed in a foreign country's courts, not in any U.S. federal district. Which doctrine is the likely mechanism? The correct answer distinguishes forum non conveniens f...
Citations: Atlantic Marine Construction Co. v. U.S. District Court, Piper Aircraft Co. v. Reyno
...istrict would have been proper. What may the court do under the wrong-venue statute? The correct answer states the cure-or-dismiss rule for improper venue. 28 U.S.C. 1406(a)
Citations: 28 U.S.C. 1406(a)
...fter contributing to the problem. What is the best analysis? Correct. Venue is proper in a district authorized by statute, and transfer or dismissal depends on whether venue is proper, convenience, justice, and forum-sel...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...the strongest arguments for each side, state the controlling rule for venue and transfer, apply it to the material facts, and explain the likely remedy or consequence. This essay tests venue and transfer in the syllabus...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
USABarPrep Coach