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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A litigant files a new civil action after a jurisdictional amendment has taken effect and applies to that filing. The chosen court lacks jurisdiction under the amended law but would have had it under the former law. The litigant invokes adherence based on the old statute. Which is correct?

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The amended law applies only if both parties agree. The plaintiff may choose either law without restriction. Every court acquires jurisdiction by accepting filing fees. Adherence cannot preserve jurisdiction never validly acquired under the law applicable to that new filing.

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