BPS I Civil Procedure Practice Test

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Question: 1 / 435

What might be a potential limitation for a plaintiff filing a lawsuit across state lines?

They can only file in their home state

The judgment may not be enforceable in other states

When a plaintiff files a lawsuit across state lines, one significant limitation they may face is that a judgment obtained in one state may not be enforceable in another state. This issue arises from the Full Faith and Credit Clause of the U.S. Constitution, which requires states to respect the judicial proceedings of other states. However, practical obstacles can arise when trying to enforce a judgment.

For example, if the plaintiff obtains a judgment in their chosen state where they filed the lawsuit, they might need to take additional steps to have that judgment recognized and enforced in the defendant's state or any other state where the defendant has assets. This might involve filing a new action in the enforcing state seeking recognition of the judgment, which could complicate the process and lead to additional legal costs and delays.

While the other options mention certain considerations that could be relevant in the context of cross-state litigation, they do not pinpoint this critical issue of enforceability that plaintiffs frequently encounter when navigating multi-state litigation.

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They need representation from an attorney licensed in both states

The defendant can always demand a trial by jury

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