Venue

Question 1

When there is category A venue

Answer 1

The case must be brought in that venue

Question 2

The 5 Category A Venues

Answer 2

1. Choice of Forum Clause
2. Location of Real property
3. Action against the state (where p lives)
4. Wills- where decedent lived at time of death
5. Injunctive relief- in district where D will be forced to preform

Question 3

In the absence of Category A venue, venue can be brought in

Answer 3

A category B venue

Question 4

For a human Defendant, Category B venue

Answer 4

Is where he lives or works

Question 5

For a business entity, There are 5 Category B venues

Answer 5

1) Principal place of business
2) where is conducts substantial business as long at that place is related to the case
3) Where the registered agent is located
4) Where the CEO resides
5) Where P’s claim arose (for K’s where the act that formed the K or where it was breached) for

Question 6

A venue that is lawful for 1 defendant is

Answer 6

lawful for all defendants

Question 7

Transfer from category A venue

Answer 7

is not permitted

Question 8

Transfer from Category B venue

Answer 8

Is permitted if the alternative benefit if substantially more convent. A court can transfer to “any fair and convenient forum” in the commonwealth regardless of where that venue is designated as permissible”

Question 9

A court with improper venue can retain the suit

Answer 9

If D fails to object or the parties can agree to stay there if there is not category A venue

Question 10

Forum Non Coveniens is

Answer 10

A dismissal of a case because it cannot be conveniently brought anywhere in the VA system

Question 11

A court will dismiss an action under Form non coveniens if

Answer 11

1) The alternative form outside the state is more convenient
2) P is a non resident
3) The claim arose outside the commonwealth
4) The alternative forum will have PJ over all D’s