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Authors

Document Type

Symposium

Publication Date

Spring 1962

Publication Citation

37 Indiana Law Journal 352 (1962)

Abstract

STUDENT SYMPOSIUM ON JURISDICTION AND VENUE:

The place of trial of an action has great significance at all stages of litigation, from service of process through execution of the judgment. In this symposium, the writers examine and criticize developments in the determinants of place of trial-jurisdiction and venue-in state and federal courts. The three notes are directed to differing aspects, pointing out differences in policy as regards the treatment of corporations and individuals and even differences in policy between federal and state courts in the treatment of corporations.

This second note analyzes the dichotomy between the concept of federal diversity jurisdiction and the requirement that state law be applied by federal courts in diversity cases. The principal question is whether the test of "outcome determination" requires that state determinants of place of trial be applied in the federal courts, and, if so, whether that application frustrates the utility of federal diversity jurisdiction.

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Jurisdiction Commons

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