Venue

Question 1

General Venue:

Answer 1

1. District where any D resides, if all Ds are residents of the State
2. District where a substantial part of the events giving rise to the claim occurred
3. If no district available (usually events abroad), any district where D is subject to PJ

Question 2

1406

Answer 2

Filed in wrong district.- Transferring is generally in the interest of justice: saves plaintiff time and expense of re-filing in new forum. To transfer, simply send the case file to clerk of new court

Transfer: move it to any proper district
Dismiss: Up to judge but rarely

Question 3

1404

Answer 3

Correct venue, but it is inconvenient.

Transfer: Any district that is proper and more convenient

Dismissal: NOT THROUGH STATUTE THROUGH FORUM NON CONVENIENS

Question 4

Forum Non Conveniens

Answer 4

Common law dismissal.
-Ps chosen forum creates a heavy burden on D or on the court, and P cannot offer reasons to support their choice.
-Substantive law changes not a reason to deny FNC
-Reasons not to transfer is P cannot get justice elsewhere (iran=death)
- If dismissed, P has to refile to stake their claim

Question 5

Removal

Answer 5

Only from state to federal. Once filed, court decides if it has SMJ or not