Venue – Federal Actions Self-Quiz

 

 

 

 

 

 

 

Mike has created a cartoon that runs in the Sunday paper every week. Mike has copyrighted the main character, a dog called “Floppy”. One day, as Mike is perusing the Sunday paper, he sees another, different comic strip in which Floppy has become the main character. The paper is distributed throughout the country. Mike sues the cartoonist, Joe, for infringement of his copyright rights. Mike lives in Montana; Joe lives in Nevada. In which federal district court should Mike bring his action? (Assume that the states have only one district court that is not broken down into divisions.)

Choice 1 Nevada, because that’s where Joe may be found.
Choice 2 Montana, because that’s where Mike may be found.
Choice 3 Any state within the United States, because the paper is distributed throughout the country.

 

Mike has created a new kind of clock, for which he has received a U.S patent. While shopping one day in the local mall in Montana, where Mike lives, he sees a copy of his clock in a store, clearly violating federal patent law. Mike investigates and learns that Joe, a resident of Nevada, owns the store and created the clock that is sold within his store. In which federal district court may Mike bring his action?
Choice 1 Montana, because that is where Mike lives.
Choice 2 Montana only, because that is where Joe has established a regular place of business.
Choice 3 Nevada only, because that is where Joe lives.
Choice 4 Montana or Nevada.
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana. Assuming all personal and subject matter jurisdiction requirements are satisfied, in which judicial district must Sally file her action?
Choice 1 Federal district court in Oklahoma, because that’s where Sally lives.
Choice 2 Federal district court in Texarkana for the Southern District.
Choice 3 Federal district court in Texarkana for the Western District.
Choice 4 Federal district court in Texarkana for the Eastern District.
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Arkville, which is in the Western District of Texarkana. Assuming all personal and subject matter jurisdiction requirements are satisfied, in which judicial district may Sally not file her action?
Choice 1 Federal district court in Oklahoma.
Choice 2 Federal district court in Texarkana for the Southern District.
Choice 3 Federal district court in Texarkana for the Western District.
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma in the Northern District, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Oklahoma in the Southern District, for injuries Sally sustained during a slip-and-fall in Molly’s apartment. Assuming all personal and subject matter jurisdiction requirements are satisfied, in which judicial district must Sally file her action?
Choice 1 The Federal district court in Oklahoma for the Northern District.
Choice 2 The Federal district court in Oklahoma for the Southern District.
Choice 3 The Federal district court in Texarkana for the Southern District.
Choice 4 The Federal district court in Texarkana for the Western District.
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Arkville, which is in the Western District of Texarkana. Assume all personal and subject matter jurisdiction requirements are satisfied. Sally files her action in federal district court in Oklahoma and neither Molly nor Susan objected to improper venue. Must the court dismiss the action?
Choice 1 Yes, because once the court realizes it is the improper venue, it must dismiss.
Choice 2 No, because Sally lives in Oklahoma.
Choice 3 Yes, because Oklahoma is an improper venue.
Choice 4 No, because the defendants did not object.
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Arkville, which is in the Western District of Texarkana. Assume all personal and subject matter jurisdiction requirements are satisfied. Sally files her action in federal district court in Oklahoma. Both Molly and Susan object to the choice of venue. What type of motion should they bring?
Choice 1 Motion to transfer.
Choice 2 Motion to dismiss.
Choice 3 Motion for summary judgment.
Choice 4 Motion for directed verdict.
Assume, for the purposes of this question, that the state of Texarkana has three federal judicial districts: Eastern, Western, and Southern. Sally, who lives in Oklahoma, wants to file a claim in federal court against Molly, who lives in Brookville, which is in the Southern District of Texarkana, and Susan, who lives in Arkville, which is in the Western District of Texarkana. Assume all personal and subject matter jurisdiction requirements are satisfied. Sally files her action in federal district court in Oklahoma. Molly moves, timely, to dismiss the case for improper venue. Susan does not join the motion, nor does she file her own. If the court agrees that it is the improper venue, what must it do?
Choice 1 Deny the motion to dismiss.
Choice 2 Dismiss the case as to Molly and Susan.
Choice 3 Dismiss the case as to Molly only.
Choice 4 Dismiss the case as to Susan only.
Adam, a citizen of New Hampshire, wants to file an action in federal court against XYZ Corp., whose business is only conducted in the western district of Vermont, and has absolutely no contact with anyone or anything within any of the other districts in Vermont. Adam’s home is closest to the federal district court in Vermont for the Eastern District. Where may Adam file his action?
Choice 1 The Federal district court in Vermont for the Western District.
Choice 2 The Federal district court in New Hampshire.
Choice 3 The Federal district court in Vermont for the Eastern District.
Choice 4 The Federal district court in Vermont for the Northern District.
Adam, a citizen of New Hampshire, wants to file an action in federal court against XYZ Corp., which is headquartered in the western district of Vermont. XYZ ships its product throughout Vermont and does considerable business in every district in Vermont. Adam’s home is closest to the federal district court in Vermont for the Eastern District. Where may Adam file his action?
Choice 1 The Federal district court in Vermont for the Western District.
Choice 2 The Federal district court in Vermont for the Eastern District.
Choice 3 The Federal district court in Vermont for the Northern District.
Choice 4 All of the above.
Adam, a citizen of New Hampshire, wants to file an action in federal court against XYZ Corp., which is headquartered in the western district of Vermont. Although XYZ ships its product throughout Vermont, it only ships one item to each district. Adam’s home is closest to the federal district court in Vermont for the Eastern District. Where is the most proper venue?
Choice 1 The Federal district court in Vermont for the Western District.
Choice 2 The Federal district court in New Hampshire.
Choice 3 The Federal district court in Vermont for the Eastern District.
Choice 4 The Federal district court in Vermont for the Northern District.

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