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12 Cards in this Set
- Front
- Back
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what is the proper venue for an action concerning real estate for an Alabama individual D?
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(1) Actions concerning real estate: county where the real estate is situated
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What is the proper venue for a contract action against an individual?
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(2) Contract actions: county where DF (or any material DF) resides
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What is the proper venue for a state personal action against an individual?
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either
1) county where DF has permanent residence, or 2) county where the act or omission complained of occurred. |
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What is the proper venue for a nonresident individual?
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either
1) county where DF “is found,” or 2) county where claim arose. |
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What is the proper venue for actions against either foreign or domestic corporations?
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a) County where the events or omissions occurred or the real property is located.
b) County where the corporation has its principal Alabama office c) County where the plaintiff resided when the action accrued if the DF does business there. d) If a, b, and c provide no venue, then in any county where the corporation was doing business when the action accrued. |
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What is the proper venue for non-corporate multiple Ds?
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if no DF is a corporation, then a county that is a proper venue for any co-DF is a proper venue for all co-DFs.
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What is the proper venue for an action Against Corporations involving multiple Ds?
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Venue must be proper as to each and every named PL, unless the plaintiffs establish all of the following:
(1) The PLs are asserting a right jointly, severally, or arising out of the same transaction or occurrence; (2) Questions of law or fact common to all PLs predominate over individualized questions that pertain to each PL; (3) The claims can be maintained more efficiently together than if they were prosecuted separately; and (4) The interests of justice supports joinder of the PLs in a single action. If PLs around the state suing a corporation – PLs lawyers try to find pro-PL county as long as there is one PL in that county. They join PLs from other counties that would not be as favorable. This provision is to eliminate this forum shopping. |
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Hypo: Bowden (a resident of Lee County) is injured when his gun jams while he is hunting bear in Tuscaloosa County. He files a negligence action in Montgomery County Circuit Court against Magnum Mfg. Inc. (the manufacturer of the gun) and Guns R Us (the retailer). Magnum is a DE corp. that does no business in AL. Guns R Us is a GA corp. that does business in AL but only in Jefferson Co. (where Bowden purchased the gun). Assuming AL has jurisdiction over both DFs and both DFs contest venue, is venue proper? In what county or counties is venue proper?
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Choices of proper venue:
(1) Where events/omissions occurred: Tuscaloosa (2) Where corp. has principal AL office: Jefferson Co. (3) B/c proper for Guns, ancillary venue allows joining Magnum (4) PL’s residence is not proper venue b/c neither DF does business in Lee Co. (5) Montgomery Co. does not fit any of the rules. (a) Only Tuscaloosa and Jefferson Co. are proper venues. |
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What happens if the action is commenced in the wrong venue and the D fails to make a timely objection?
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defect may be waived by the D
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What is the basic rule for actions against resident individuals who have a permanent residence in AL?
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1. the county where any material D resides at the commencement of the action or
2. where the act or omission complained of occurred (but not if it is a contract claim) |
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Where should an action for divorce be filed?
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1. in the CC of the county in which the D resides or
2.in the CC in which the parties resided when the separation occurred, or 3. if the D is a non-resident then in the CC of the county in which the other party to the marriage resides. |
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If an action has been commenced in a proper county can additional parties or claims are joined?
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yes, they are joined as ancillary without regard to whether that county would be proper venue for an independent action.
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