Question

In: Accounting

What are the two ways a case can get to federal court?

*Business Law*

1) What are the two ways a case can get to federal court?

2) What is venue?

Solutions

Expert Solution

There are two ways a lawsuit may end up in federal court. First, a case may be filed in the federal court directly. Second, although a plaintiff files a case in state court, the defendant may request that the case be transferred (or removed) to federal court under certain circumstances. In either case, the lawsuit must be filed both in a court that has jurisdiction and one that is a proper venue. Whether the case is filed initially in federal court or removed to federal court, the attorney filing the lawsuit must consider the effect of Public Law No. 112-63, which is better known as the “Federal Courts Jurisdiction and Venue Clarification Act 2011.

Venue

Geographical location of a particular court. To properly file a lawsuit, you must file the case in its appropriate venue.


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