Venue

Question 1

what is venue

Answer 1

where among the courts in this judicial system is the appropriate court to hear the case (whether this district is a proper court to hear this action)

Question 2

whose responsibility is it to object to improper venue

Answer 2

the defendant

Question 3

what happens if the def fails to make a timely objection to improper venue

Answer 3

there is a waiver

Question 4

when must a claim of improper venue be made

Answer 4

at the first opportunity or it is waived

Question 5

what is the first opportunity

Answer 5

either a pre-answer motion to dismiss if the def chooses to file one, or if he does not choose to file one the defendant’s answer

Question 6

Federal venue is proper in a district: (3)

Answer 6

1) where any defendant resides as long as all defendants reside in the same state
2) where the claim arose
3) if neither of the above (rare) any district where the defendant is subject to pj has venue

Question 7

what does it mean “where the claim arose”

Answer 7

where a “substantial part of the events or omissions” on which the claim is based occurred or where a “substantial part of the property” that is subject to the action is located

Question 8

where does fed venue generally not rest

Answer 8

does not rest on plaintiff’s residence

Question 9

what does residence mean for individuals

Answer 9

domicile (residence plus an intent to reside there indefinitely)

Question 10

what does residence mean for business entitites

Answer 10

every district in which pj exists

Question 11

what is the venue for a case that is removed to federal court

Answer 11

venue is automatically proper in the fed district where the state court sits, even if that district would have not been proper originally

Question 12

when are transfers granted to a different fed court

Answer 12

transfers are granted in the interest of justice and for the convenience of the parties and witnesses

Question 13

what is the general rule for transfers

Answer 13

transfer is only to a district with proper venue ( a place where case could have been brought originally)

Question 14

what is the exception to the general rule for transfers

Answer 14

transfer to a district without proper venue may occur when all parties agree

Question 15

if a case is brought originally in a district with proper venue what happens in regards to transferring

Answer 15

may be transferred for convenience to another district with proper venue

Question 16

if a case is brought originally in a district without proper venue what happens in regards to transferring

Answer 16

case will be dismissed OR transferred to a district with proper venue

Question 17

if a suit is brought in a district with proper venue, whose law controls if it is transferred

Answer 17

the law of the transferor (first) forum controls

Question 18

if suit is brought in a district without proper venue, whose law controls if transferred

Answer 18

the law of the transferee (second) court controls

Question 19

What is forum non conveniens?

Answer 19

common law doctrine allows a court to dismiss an action, even if pj and venue are proper, if the court finds that the forum would be too inconvenient for parties and witnesses, and that another, more convenient venue is available

Question 20

how has the CL forum non conveniens been relaxed?

Answer 20

allows the remedy of transfer as opposed to outright dismissal

Question 21

who bears the burden of showing forum non conveniens?

Answer 21

the defendant bears the heavy burden of showing the plaintiff’s chosen forum should be displaced

if a forum-selection clause designates a state or foreign forum that modifies the conventional rule, then the burden is on the plaintiff to show why the court should disregard the forum-selection clause