Venue

Question 1

Venue

Answer 1

geographic location, e.g., district jurisdiction must be established first

Question 2

venue cmponents

Answer 2

1. choice of forum
2. transfer

Question 3

P’s choice of forum is appropriate in any federal district where… (2)

Answer 3

1. any D “resides” (domiciled, or where corporations are subject to PJ via minimum contacts), provided that ALL Ds are located in the same STATE OR
2. where a “substantial part of the claim” arose or a “substantial part of the property” that is the subject of the action is

Question 4

Transfer

Answer 4

1. Forum non conveniens (FNC): or
   a. inconvenience factors:

Question 5

Which party has the power to move to transfer to another federal court

Answer 5

D

Question 6

SMJ is a matter of what? Venue is a matter of what?

Answer 6

1. SMJ is a matter of power
2. Venue is a matter of convenience

Question 7

Case can ONLY be transferred to another district where… (2)

Answer 7

1. case could have been brought in the first place (SMJ exists, PJ exists over Ds, venue is proper) OR
2. all parties agree to (even if venue ordinarily would not be proper)

Question 8

What MUST a court do if original venue is improper? (2)

Answer 8

Transfer OR dismiss (12(b)(3) MTD for improper venue)

Question 9

Is there an instance in which a court MAY transfer where original venue is proper?

Answer 9

Yes, in the “interest of justice” (based on convenience, evidence)

Question 10

Forum non conveniens

Answer 10

D may move to dismiss or stay (postpone) under FNC (rather than transfer) if original venue is inconvenient + adequate alternate forum with proper jx exists

Question 11

FNC inconvenience factors (moving party must show)

Answer 11

1) convenience of parties and witnesses, 2) ease and access to evidence and/or 3) calendar congestion, etc.