What procedural mechanism is cited for transferring a case to cure a lack of jurisdiction?

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The transfer of a case to cure a lack of jurisdiction is primarily addressed through Section 1406 of the United States Code. This section allows for the transfer of a case that is filed in the wrong venue, which can often involve situations where personal jurisdiction is lacking. When a court determines that it has no personal jurisdiction over a defendant, or when a case is brought in an improper forum, Section 1406 provides the mechanism to transfer the case to a district where jurisdiction is proper.

This procedural tool is particularly useful because it allows the court to move the case to a location where the defendant can be properly subjected to the court's jurisdiction, rather than dismissing the case outright, which could result in additional procedural delays and complications for the parties involved.

In contrast, other options like a forum selection clause pertain to pre-determined agreements about where disputes will be resolved but do not directly address issues of jurisdiction upon filing. Section 1404 refers to transferring cases for convenience purposes but does not specifically target the issue of curing a lack of jurisdiction. Lastly, a defendant's motion for summary judgment deals with the merits of the case and does not involve the procedural aspects of jurisdiction.

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