Are we in the Right Court: Venue

Question 1

Generally

Answer 1

Venue tells us exactly which federal court. The country is divided into federal districts. P is suing in federal court and wants to lay venue in a proper district.

Question 2

Choice of Venue

Answer 2

• P may lay venue in any district where:
  
  • all defendants reside* or
  • a substantial part of the claim arose. OR
  • if defendants reside in different districts of the SAME STATE, acceptable in either district.

Question 3

Where do defendant’s reside

Answer 3

• human: In district of domicile
• Business: all districts in which they are subject to PJ

Question 4

Transfer of venue

Answer 4

• federal district court may transfer the case to another federal district court.
  
  • IMPORTANT: It can only transfer to a district where case could have been filed. (e.g PJ over defendant)
• Exceptoin: can transfer to any venue if all parties stipuate and court finds cause for transfer

Question 5

What courts look for in determinating transfer of venue

Answer 5

• convenience of parties and witnesses
• interest of justices
• public and private factors showing that other court is center of case
  
  • what law applies, community should be jurors, local controversey in local court
  • convience
• COurt transfered into will apply choice of law from original court
• if venue is improper in original district, may transfer in the interests of justice or dismiss

Question 6

Forum Non Conveniens Generally

Answer 6

• Like transfer, there is another court that is the center of gravity, that just makes more sense than the present court.
• Court dismisses or stays the case in an attempt to have other judicial system (foreign country) take the case.
• Public and private factors like in transfer, but need a strong showing
• ALmost never granted if P is resident of present forum
• Msut be available and adequate–meaning must have their day in court.