Exam Prep: Venue Flashcards
Why do we have rules about venue?
Venue generally is a further localizing principle for allocating cases between cts.
It supports convenience and a relationship between the court to the action or parties.
Can venue be waived?
Yes, it is not a constitutional right, so waivable.
What creates the law for venue?
Legislation -1391
What are the three ways to establish federal venue?
Where defendants reside, where some substantial part of events occured, or fallback (where subject to PJ) when others dont apply
Does substantial part of events mean the most substantial event?
Where some substantial part of events occured, not requred to be the most substantial part (Uffner),
Where does a us citizen reside?
Where they are domiciled.
Where does a corporation reside for the purposes of SMJ?
Any judicial district where they are under court’s PJ.
What happens if case is filed in wrong venue?
Case can be transferred under 1406.
What rule applies when a party wants to transfer?
Case can be transferred under 1404 when both parties agree.
When does forum non conveniens apply?
When events occured outside of the US
What is appropriate venue for aliens and people who live outside of the US
Any forum
Is plaintiff’s residence relevant to proper venue under federal statute?
No
How do you analyze choice of law?
The forum court uses the choice of law of the first forum court in instances of transfer or removal. Use what the forum court state says will be the law.
What statute allows a defendant to remove a case?
1444, as long as plaintiff could’ve originally brought the case in that venue.
What law does a federal court use when a case is voluntarily transferred there?
The choice of law of the forum state
