SHORT-ANSWER QUESTIONS

10. A statute of the state of Ames provides that in any action for personal injuries arising out of an automobile accident, the plaintiff may obtain a pre-judgment attachment of the defendant’s bank account simultaneously with the filing of the plaintiff’s suit. However, the plaintiff may obtain the attachment only by filing an affidavit stating that, to the best of P’s knowledge, D was involved in, and was the cause of, the accident; the judge must then find that P appears to be acting in good faith. The statute also provides that the court must grant D a hearing, within one month after issuance of the attachment, at which D may show that he will probably not be found liable in the suit; if D makes such a showing, the attachment must be rescinded. D now attacks the statute as a violation of his right to due process. Should D prevail? _________________

14. P, a resident of Las Vegas (in the District of Nevada) wishes to bring a federal-court suit against D1, a resident of Los Angeles (in the Central District of California) and D2 a resident of San Francisco (in the Northern District of California). The suit would be based on diversity, and concerns an auto accident which occurred in San Diego (in the Southern District of California). In which federal judicial district(s) may the suit be brought? _________________

15. Same facts as above question. Now, however, assume that D2 is a resident of Albuquerque, in the District of New Mexico. What district(s) have venue? _________________

16. D, a large multinational corporation located in Cleveland, in the Northern District of Ohio, is in the business of drilling for oil. D owns and operates an oil rig located in Omaha, Nebraska. (Nebraska has only one judicial district.) When the rig breaks down, D contracts to have the rig repaired at a cost of $200,000 by P, a rig-servicing corporation located in Omaha. The contract (a form contract used by D for repairs on all of its American-based oil rigs) specifies that any litigation in connection with the contract shall occur only in either the Ohio state courts or the federal courts for the Northern District of Ohio. (D wants all litigation to occurs in D’s “home district,” for D’s convenience.) P does the work, but D does not pay. P brings a diversity action against D in federal court for the District of Nebraska. You represent D. Your client would like you to try to have the case moved to the N.D. Ohio federal court, as provided in the contract.

(A) What court should you approach for relief, and what statutory authority should you cite as authority for that relief? _________________

(B) What factors should the court consider in deciding whether to give you the relief you asked for in (a)? _________________

(C) What decision will the court likely make on your motion? _________________