Civil Procedure AMP - Venue

Question 1

Where the original venue is improper, the rule for transfer is that:

A Transfer is preferred and will be allowed in the interest of justice

B Dismissal is preferred, but transfer will be allowed in the interest of justice

C Transfer is disfavored and will not be allowed except for extraordinary circumstances

Answer 1

A

When the original venue is improper, a court may either transfer or dismiss. Transfer is preferred, and the standard is the interest of justice. It is not necessary to establish extraordinary circumstances. Dismissal is NOT preferred. Dismissal will not be chosen over transfer except under extraordinary circumstances. J0412 Additional Learning

Question 2

How must a party object to improper venue?

A A party cannot object to improper venue

B At any point before trial

C By timely objection in a pre-pleading motion or answer

D An objection to improper venue is presumed; no express objection need be made

Answer 2

C

Objection to improper venue must be made by timely objection (in a pre-pleading motion or, where no such motion is made, in the answer). The objection must be timely made in the first motion or pleading, or else it is waived. Hence, it is incorrect to say that the objection can be raised at any point before trial. A party CAN object to improper venue. However, there is no presumed objection to venue; it must be initiated. J0410B Additional Learning

Question 3

The following requirement(s) for a federal court to hear a case can be conferred by agreement:

A Both subject matter jurisdiction and venue

B Subject matter jurisdiction

C Venue

D Neither subject matter jurisdiction nor venue

Answer 3

C

Venue can be conferred by agreement, but subject matter jurisdiction cannot be conferred by agreement. Subject matter jurisdiction and venue are very often confused. Subject matter jurisdiction is the power of the court to adjudicate the matter before it, whereas venue relates to the proper geographic district in which to bring the action. J0402A Additional Learning

Question 4

An objection to _______ may be waived, but an objection to _______ cannot be waived

A Venue; Subject matter jurisdiction

B Personal jurisdiction; venue

C Venue; personal jurisdiction

D Subject matter jurisdiction; venue

Answer 4

A

The correct answer is that venue may be waived, but an objection to subject matter jurisdiction cannot be waived. Venue is considered to be waived unless timely objection (in a pre-pleading motion or, where no such motion is made, in the answer) is made to the improper venue. Likewise, an objection to personal jurisdiction may be waived if the objection is not raised in a timely manner; however, the part of the answer stating that venue cannot be waived makes that answer choice incorrect. J0409B Additional Learning

Question 5

For venue purposes, a defendant who is not a resident of the United States may:

A Not be sued in any judicial district

B Be sued in any judicial district

C Be sued in the judicial district closest to the defendant’s residence

Answer 5

B

A defendant who is not a resident of the United States—whether a U.S. citizen or an alien—may be sued in any judicial district. It need not be the judicial district closest to the defendant’s residence. The joinder of such a defendant, however, is disregarded in determining where the action may be brought with respect to any other defendants. J0408 Additional Learning

Question 6

Can either subject matter jurisdiction or venue be conferred by agreement?

ANo as to both subject matter jurisdiction and venue

B Yes as to venue

C Yes as to both subject matter jurisdiction and venue

D Yes as to subject matter jurisdiction

Answer 6

B

Venue can be conferred by agreement, but subject matter jurisdiction cannot be conferred by agreement. Subject matter jurisdiction and venue are very often confused. Subject matter jurisdiction is the power of the court to adjudicate the matter before it, whereas venue relates to the proper geographic district in which to bring the action. J0402 Additional Learning

Question 7

Select the correct statement of law below:

A Objections to neither improper venue nor lack of subject matter jurisdiction can be waived

B An objection to lack of subject matter jurisdiction can be waived, but an objection to improper venue cannot

C Objections to both improper venue and lack of subject matter jurisdiction can be waived

D An objection to improper venue can be waived, but an objection to lack of subject matter jurisdiction cannot

Answer 7

D

An objection to improper venue can be waived, but an objection to lack of subject matter jurisdiction cannot. Venue is considered to be waived unless timely objection (in a pre-pleading motion or, where no such motion is made, in the answer) is made to the improper venue. J0409 Additional Learning

Question 8

A court _______ have subject matter jurisdiction without having proper venue.

A Cannot

B Will always

C Can

Answer 8

C

A court can have subject matter jurisdiction without having proper venue. Subject matter jurisdiction and venue are very often confused. Subject matter jurisdiction is the power of the court to adjudicate the matter before it, whereas venue relates to the proper geographic district in which to bring the action. If the defendant does not timely raise the defect in venue, the court may proceed to try the case. J0403 Additional Learning

Question 9

____________ be conferred by agreement, and ____________ be conferred by agreement.

A Venue can; subject matter jurisdiction cannot

B Subject matter jurisdiction can; venue also can

C Venue cannot; subject matter jurisdiction also cannot

D Subject matter jurisdiction can; venue cannot

Answer 9

A

Venue can be conferred by agreement, but subject matter jurisdiction cannot be conferred by agreement. Subject matter jurisdiction and venue are very often confused. Subject matter jurisdiction is the power of the court to adjudicate the matter before it, whereas venue relates to the proper geographic district in which to bring the action. J0402B Additional Learning

Question 10

Where is a natural person deemed to reside for purposes of determining venue?

A The judicial district in which that person is domiciled

B The judicial district of his choice

C The judicial district in which the person lives or works

D The judicial district in which the cause of action arose

Answer 10

A

For venue purposes, a natural person, including an alien lawfully admitted for permanent residence in the United States, is deemed to reside in the judicial district in which that person is domiciled. The judicial district where the cause of action arose, where the person works, or where the person chooses are all incorrect answers. J0406A Additional Learning

Question 11

Which of the following statements is correct?

A Venue is considered to be objected to unless expressly waived

B Venue is considered to be waived unless a timely objection is made

C Objection cannot be made to improper venue

D Venue objections cannot be waived

Answer 11

B

Venue is considered to be waived unless a timely objection (in a pre-pleading motion or, where no such motion is made, in the answer) is made to the improper venue. There is no presumed objection to venue. However, unlike jurisdiction over the subject matter, venue may be waived by the parties. J0410 Additional Learning

Question 12

Where venue is proper in the district where a suit is originally brought, transfer to another district is __________ permitted.

A Always

B Never

C In certain circumstances

Answer 12

C

Even where the original venue is proper, transfer is in certain circumstances permitted. Specifically, transfer is permitted to either (i) another district where the action might have been brought or, (ii) a district to which all parties have consented. The policy behind this rule is that while venue may be correct, the parties or the witnesses might be greatly inconvenienced by the trial in the original forum. J0411A Additional Learning

Question 13

When the original venue is improper, __________ is preferred and will be allowed ___________.

A Dismissal; in extraordinary circumstances

B Transfer; in extraordinary circumstances

C Dismissal; in the interest of justice

D Transfer; in the interest of justice

Answer 13

D

When the original venue is improper, a court may either transfer or dismiss. Transfer is preferred, and the standard is the interest of justice. It is not necessary to establish extraordinary circumstances. Dismissal is NOT preferred. Dismissal will not be chosen over transfer except under extraordinary circumstances. J0412B Additional Learning

Question 14

For venue purposes, a natural person is deemed to reside in:

A The judicial district in which that person is domiciled

B The judicial district of his choice

C The judicial district in which the cause of action arose

D The judicial district in which the person lives or works

Answer 14

A

For venue purposes, a natural person, including an alien lawfully admitted for permanent residence in the United States, is deemed to reside in the judicial district in which that person is domiciled. The judicial district where the cause of action arose, where the person works, or where the person chooses are all incorrect answers. J0406 Additional Learning

Question 15

What term relates to the proper geographic district in which to bring an action?

A Erie doctrine

B Subject matter jurisdiction

C Diversity jurisdiction

D Venue

Answer 15

D

Venue relates to the proper geographic district in which to bring the action. Subject matter jurisdiction is the power of the court to adjudicate the matter before it. Diversity jurisdiction is a type of subject matter jurisdiction; it involves geographic areas where the parties live, but not where the court is located. The Erie doctrine generally relates to which laws a court must apply. J0401A Additional Learning

Question 16

When a transfer is based on the ground that venue was improper, the following law applies in the transferee court:

A The law of either court, whichever is more convenient

B The law of the transferee court

C The law of the transferor court

Answer 16

B

A transfer on the ground that the original choice of venue was improper generally results in a change of the law applicable under the Erie doctrine; i.e., the law of the state in which the transferee court sits now applies. This is in contrast to a transfer on convenience grounds, in which case the law of the transferor court continues to apply. J01415 Additional Learning

Question 17

Assume that venue was proper in the district where a suit was originally brought.
Is transfer to another district permitted, and if so where?

A Transfer is permitted to another district where the action might have been brought, or to which all parties have consented

B Transfer is permitted, but only to another district where the action might have been brought

C Transfer is permitted, but only to a district to which all parties have consented

D Transfer is not permitted where the original venue is proper

Answer 17

A

Even where the original venue is proper, transfer is permitted to either (i) another district where the action might have been brought or (ii) a district to which all parties have consented. The policy behind this rule is that while venue may be correct, the parties or the witnesses might be greatly inconvenienced by the trial in the original forum. J0411 Additional Learning

Question 18

When a transfer is based solely on convenience, which law applies in the transferee court’s proceedings?

A The law of the transferor court

B Whichever law is most convenient

C The law of the transferee court

Answer 18

A

When a transfer is based solely on convenience grounds, the transferee court applies the law of the state in which the transferor court sits. This is true even where the plaintiff initiates a transfer for convenience after initially choosing the inconvenient forum. J0414 Additional Learning

Question 19

Venue is _______ in a civil action in a _______.

A Proper; judicial district in which any defendant resides, regardless of whether all defendants are residents of the state in which the district is located

B Proper; judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located

C Improper; judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated

D Improper; judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located

Answer 19

B

Venue in civil actions is proper in a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located. Venue is also proper in a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated. Also if there is no district anywhere in the United States which satisfies the first two requirements, venue is proper in a judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action. Venue is not necessarily proper in a judicial district in which any defendant resides, if the defendants are not all residents of the same state in which the district is located. J0404A Additional Learning

Question 20

For venue purposes, a defendant who __________ a resident of the United States __________ be sued in any judicial district.

A Is not; may not

B Is; may

C Is not; may

Answer 20

C

A defendant who is not a resident of the United States—whether a U.S. citizen or an alien—may be sued in any judicial district. The joinder of such a defendant, however, is disregarded in determining where the action may be brought with respect to any other defendants. A defendant who is a resident of the United States may not be sued in any judicial district, but rather in the judicial district in which that person is domiciled. J0408B Additional Learning