Venue

Question 1

Courts must have … to hear a case

Answer 1

Venue

Question 2

Venue is governed by

Answer 2

Statute

Question 3

Venue is proper where

Answer 3

1) filed in district in which defendant resides. Where multiple defendants, all must reside within the same state in which the district resides
2) substantial part of events or omission giving rise to claim occurred
3) if no where emerges from first two, where ever personal jurisdiction may be obtained against the defendant

Question 4

Residence for individual

Answer 4

Domicile (physical presence plus indefinite intent to remain)

Question 5

Residence for entity

Answer 5

Wherever personal jurisdiction may be obtained

Question 6

1404

Answer 6

Change in venue to district or division in which action could have been brought or which all parties have consented when venue is proper. Remains federal system.

Question 7

1406

Answer 7

When venue is improper, dismiss or change to district where action could have been brought.

Question 8

Forum non Conveniens

Answer 8

Change from one court system to another because it would be oppressive on defendant to litigate within this system. Consider public and private considerations

Question 9

Effect of Forum Selection Clause on Venue

Answer 9

A forum selection clause should be honored unless a public policy consideration creates an extraordinary circumstance. Virtually requires transfer to chosen forum when valid.