All Federal Transfers Preserve Transferor Law
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
19550_christian_bookseller_1406 · CIVIL_PROCEDURE · Choice BYes, because plaintiff chose State A.
Why it's attractive
A plaintiff's improper venue choice does not lock in favorable law.
Why it's wrong
A plaintiff's improper venue choice does not lock in favorable law.
19550_christian_bookseller_1406 · CIVIL_PROCEDURE · Choice CYes, because all federal transfers preserve transferor law.
Why it's attractive
Ferens limits Van Dusen to proper-forum § 1404(a) transfers.
Why it's wrong
Ferens limits Van Dusen to proper-forum § 1404(a) transfers.
19550_christian_bookseller_1406 · CIVIL_PROCEDURE · Choice DNo, because diversity jurisdiction disappears after transfer.
Why it's attractive
Transfer does not destroy diversity; the case continues in the transferee court.
Why it's wrong
Transfer does not destroy diversity; the case continues in the transferee court.
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