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This is the Past Exam of Civil Procedure and its key important points are: Operating Court System, Interests of Justice, Outcome Determinative Test, Probably Evidence, Service of Process, Intent of Targeting Customers, Physical Presence, Voluntary Contact, General Jurisdiction
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ID: Exam Name: CivPro_LS2_Lund_Finalj012FLl................................................. ~~entIAU11:33/3S
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Short Answer
contacted bank .. This would arguably be purposeful availment which is voluntary contact with a state from which a benefit is received for because of which bank should reasonably foresee being haled into court in that state. The counter to this would be that the bank had no intent of targeting customers in any state and it was not the bank's website either. Furthermore the bank would argue that the website was passive and merely informational. This would not thus be purposeful availment. Furthermore the home the bank is looking to make a loan for is in La so this would most likely be sj because there must be knowledge and intent. The bank has had conversations with L regarding the loan and must know the home is in La. There is also an application process which more than likely identifies the location of the home. Based on these facts there is almost certainly purposeful availment because bank is getting a monetary benefit from its contact with La, it has knowledge plus intent to do business in La and the cause of action arises out of the breach of contract for the loan for this property. It reasonable that the bank foresee that it would be haled into court in La. Here it is likely the La would have pj over bank because of its minimum contacts with the state of La based on its information being posted to the website which every state had access to and could gain direct contact to the bank which L did here and the business regarding the home which was in La. L could even argue that there is general jx over the bank because as the facts state it does business in every state. GJ however, unlike sj which has been expanded by courts, has been very narrowly interpreted. It has held that mere sales are not enough (Helicopteros). For gj there must be a phYSical presence, Ginsburg states it should be the company's "home." Here the facts state that it does business in every state but the name itself, Kansas National Bank suggests that its home is i Kansas. If it did have offices however, which is not apparent from the facts there would however be gj here. The last hurdle for L will be filing in a proper ~enu~.
Venue
Venue is the place in which a claim can be brought, there are often multiple places in which venue is proper (Uffner). 1391 provides that venue is proper for companies is any district in which the company resides in, provided all defendants reside in the same place, where a substantial amount of the events giving rise to the claim took place or any place where the company would be found to have the minimum contacts necessary to establish pj. Residence is generally determined using the domicile test. The last one is a default and only available when there is no other place for the claim to be filed. Under the last provision La would be a proper venue because bank would be found to have pj in La (see above analysis), however there are other places where venue would be proper. Thus it is likely that under 1404 venue would be transferred. Before transferring a case, however, the court would consider public and private interests. For example ease of access to witnesses, evidence, convenience to parties and a courts familiarity with the case, imposition of jury duty and the
was deemed improper the court under 1406 could also dismiss or transfer the venue in the interests of justice. If the court was transferred the substantive state law that would be applied is the one in which the case is being transferred from if the original venue was proper.
What law should the federal court apply?
If L's case is filed in Kansas' court, then its state substantive law would apply. The issue of the complaint L has filed as being detailed enough however is arguably procedural. Invoking the Rules of Enabling Act Analysis the first question is if there is a federal rule on point. here there is FRCP 8, the next question is if there is a conflict between this rule and the state rule. Here the state law of Kansas and the federal rule of civil procedure are conflict and thus both can't be harmoniously applied.The next question is whether or not the federal rule is valid, which asks whether or not it abridges, modifies or enlarges state substantive laws or violates any substantive rights. Historically no frcp has been deemed invalid so its safe that this one is valid. If this is the case then federal law will apply. On the chance however that the rule is determine invalid we would look to the rules of decision act analysis. This requires to look at how the application of federal versus state law would affect the outcome of the case. There are three tests, Hana's twin aims of Erie which is meant to deter forum shopping and avoid inequitable administration of law; the Bryd balancing test which looks at the balance of state and federal courts; and lastly York's outcome determinative test which sees whether there would be a different outcome if federal law as opposed to state law were applied. Here this would encourage forum shopping because the bank would want the state law to apply because L essentially wouldn't have a case, this would also mean that there would be inequitable administration of law. State and federal balance would not be upset because the state law here is based on recent congestion and there isn't a major state interest in having this (the counter to this would be the current crisis and being overwhelmed with these cases making this very important) rule followed versus the federal rule. These facts would also violate the outcome determinative test because the outcome would be different if the federal law is applied L would have a case and if the state law is applied L's case will likely be dismissed for failure to state a claim. Based on the rules of decision act analysis the state's substantive law would be applied. Based on the above analysis it is likely that the federal law will apply with the application of the rules of decision ~cC .. .. .. .. ..
END OF EXAM
. (Comment lAU1]: 819