Venue

Question 1

What is SMJ?

Answer 1

power of the court to adjudicate the matter before it (question of power of authority)

Question 2

What does venue refer to?

Answer 2

relates to the proper district in which to bring an action (question of geography)

Question 3

Can SMJ be conferred by agreement?

Answer 3

no

Question 4

Can venue be conferred by agreement?

Answer 4

yes

Question 5

Can a court have proper SMJ without being the proper venue?

Answer 5

yes

Question 6

Where is venue in civil actions proper?

Answer 6

1. district where any D resides, if all Ds reside in the same state
2. district in which a substantial part of events/omissions giving rise to claim occurred OR substantial party of property subject to action is situated there; or
3. if there is no district in U.S. that satisfies 1 or 2, the district in which any D is subject to PJ w/ respect to the action

Question 7

For venue purposes, where is an individual’s residence?

Answer 7

individuals, including aliens lawfully admitted for perm. residence, reside in district in which he is domiciled

Question 8

For venue purposes, where does a business entity reside?

Answer 8

district in which it is subject to the court’s PJ w/ respect to the civil action in question

Question 9

For venue purposes, where does a nonresident of U.S. reside?

Answer 9

D who is not a resident of U.S. (whether U.S. citizen or alien) may be sued in any district

joinder of such a D is disregarded in determining where an action may be brought w/ respect to any other Ds

Question 10

Can SMJ be waived?

Answer 10

no

Question 11

Can venue be waived by parties?

Answer 11

yes - and is considered waived unless timely objection to improper venue is made

Question 12

When can the court transfer a case?

Answer 12

if venue is proper, the court may transfer teh case for the convenience of the parties or Ws to any court where it could have originally been filed (the transferee forum must have SMJ, PJ, and proper venue)

Question 13

Can parties consent to transfer to a different district?

Answer 13

yes

if the preferred ct is in another judicial system, teh fed court may stay or dismiss the action under the doctrine of forum non conveniens

Question 14

What if the original venue is improper?

Answer 14

court must dismiss, or in the interests of justice, transfer the case to a proper venue (transfer is more appropriate than dismissal); ct does not have to have PJ to transfer the case

Question 15

What is the effect of a forum selection clause?

Answer 15

will be enforced by means of a motion to transfer in the interests of justice unless exceptional public interests factors dictate otherwise

Question 16

What state law applies when a case is transferred?

Answer 16

if original venue was proper, apply the law of the state in which the transferor court sits

the state’s law applies even where the PL, having chosen an inconvenient (but proper) venue in the first place, later seeks transfer for convenience

if the transfer is to enf. a forum selection clause, or if original venue was improper, apply law of state in which transferee ct sits