3) Venue

Question 1

venue determines

Answer 1

which judicial district you can sue in

Question 2

venue: ways to determine

Answer 2

1) residency of D OR

2) location of events giving rise to the suit

Question 3

venue: residency of D: rule

Answer 3

if all Ds live in the same state, P can lay venue in any judicial district where any D resides

Question 4

venue: residency of D: def (people)

Answer 4

resident of state in which resides and intends to remain indefinitely (same as for smj, pj)

Question 5

venue: residency of D: def (corporations)

Answer 5

for v. purposes, corporations are residents of any judicial district in which they are subject to p.j. for that suit (different rule!)

Question 6

venue: residency of D: def (other entities)

Answer 6

for v. purposes, other entites are residents of any judicial district in which they are subject to p.j. for that suit (different rule!)

Question 7

location: rule

Answer 7

1) if Ds reside in multiple states, v. will be dictated by the location of the harm
2) ok for P to seek v. in a district where substantial part (of: events, omissions, property that this suit is about) happened (maybe more than 1 proper place for v.)
3) if neither: any court that has PJ over any D

Question 8

transferring venue: reasons

Answer 8

1) convenience
2) agreement
3) interest of justice

Question 9

transferring v: convenience: rule

Answer 9

ct can transfer case to different v. if:

1) could’ve been filed there in the first place (considering SMJ, PJ, venue) AND
2) transfer is nec. for convenience of parties and/or wits

Question 10

transferring v: convenience: exception

Answer 10

can’t transfer out of fed ct sx into ex. state or another country (would have to just dismiss)

Question 11

transferring v: agreement: def

Answer 11

if ALL parties join rq transfer V, court can do it, EVEN IF:

1) PJ/venue normally lacking (it’s like consent)
2) doesn’t have to be inconvenient

Question 12

transferring v: interests of justice: def

Answer 12

where P’s venue is improper, court can transfer to the proper venue rather than dismissing, if in the interest of justice (may make them waive sol/etc)

Question 13

forum non conveniens: def

Answer 13

fed ct can’t transfer suit if it’s to a foreign country or state court, needs to dismiss instead. (this is actually SMJ issue bc no other fed ct can transfer to)

Question 14

transfer/FNC: factors: kinds

Answer 14

1) public interests

2) private interests

Question 15

transfer/FNC: public interests (list)

Answer 15

1) resolving disputes locally + not burdening local courts w distant disputes
2) avoiding application of foreign law
3) avoiding imposition of jury duty for case that wouldn’t have substantial impact on the jurors com

Question 16

transfer/FNC: private interests (list)

Answer 16

1) ease of access to evidence
2) cost of wits attending trial
3) availability of compulsory process
4) any other factors that might lessen time/expense of trial