Exceptions to Jurisdiction and Venue in Federal Courts: Requirement, Claim Preclusion, and, Slides of Civil procedure

Download Exceptions to Jurisdiction and Venue in Federal Courts: Requirement, Claim Preclusion, and and more Slides Civil procedure in PDF only on Docsity! WHAT WILL WE DO TODAY? • Learn about some exceptions to the venue requirement in federal court. • Conclude our jurisdiction unit by review Practice Exercises 27 and 28. • Begin a new unit on finality of judgments by learning about claim preclusion (res judicata) Docsity.com Venue vs. Subject Matter Jurisiction • What are the differences between venue and subject matter jurisdiction? Docsity.com Courts Have Laid Down Exceptions to the Venue Requirements • One of the most important is exceptions is for actions that are removed to federal court (because removal statute specifies the district to which case must be removed at §1441(a)) • Another example - “local” suits that must be brought in district where land is located. Most actions are not “local” but “transitory”. Docsity.com PRACTICE EXERCISE 27 • CB 707 Docsity.com PRACTICE EXERCISE 27 • UA is NH corporation, only place of business is in NH • 12(b)(2) motion to dismiss • Statutory question - does the long-arm statute apply to UA? Which provision? • Constitutional question - is the exercise of jurisdiction over UA constitutional under the due process clause? Docsity.com CLAIM PRECLUSION AND ENFORCEMENT • Once a damage claim succeeds, the claim becomes a claim on the money judgment. • P becomes judgment creditor, and D judgment debtor. • If D doesn’t satisfy judgment, P must bring an enforcement action vs. D. See R. 69(a) • Claim preclusion will help judgment creditor in this enforcement action. Judgment debtor cannot relitigate on the merits. Docsity.com CLAIM PRECLUSION V. ISSUE PRECLUSION • What is the basic difference between claim preclusion and issue preclusion? (see CB p. 884) • What is the difference between claim preclusion and stare decisis? Docsity.com CLAIM PRECLUSION • Does claim preclusion extend to claims only to claims that were made in the first lawsuit, or does it also extend to claims that could or should have been litigated in the first lawsuit? • What must D show to prove that res judicata bars a P’s claim (the elements of res judicata)? Docsity.com