Multistate Bar Examination Practice Question
A civil action filed in the wrong district court under federal law must be dismissed.
True
False
Multistate Bar Examination
Civil Procedure
Your Score:
Bash, the Crucial Exams Chat Bot
AI Bot
A civil action filed in the wrong district court under federal law must be dismissed.
True
False
This statement is false. Under 28 U.S.C. § 1406(a), if a case is filed in the wrong venue, the court has the discretion to either dismiss the case or transfer it to a district where the case could have been properly filed. This provision allows courts to prioritize judicial economy and fairness without requiring dismissal in all instances.
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