Civ Pro

Question 1

What are the elements needed to serve a person who resides in a foreign country?

Answer 1

• Supeana must be valid
  -Must contain required contents
  -must come from acting court
  - witness’ testimony is necessary to obtain justice
  
  • Supeona must be served validly
    
    • Method of service is acceptable in federal rule
      - Expenses & travel paid by serving party

Question 2

If a venue is proper, what must a court consider to transfer the case

Answer 2

The convience for the witness and parties, and the interest of justice.

Question 3

When to apply state law via the Eerie Doctrine?

Answer 3

• There is diversity
• there is no federal law addressing the issue
• the issue is substantive in nature OR a) arguably precedural w/o rules in the FRCP and the state law is out-come determinative; and the balance of interest favors the state, AND
• there is not contradictory federal interest.