Venue

Question 1

Venue

Answer 1

region (judicial district) within a particular state where a suit can be brought

venue is dictated by:
1. residency of the D
2. location of events giving rise to the suit
3. OR, if and only if venue is not proper under first 2, where at least one D is subject to PJ.

*exam tip- when you see questions about districts, think about venue

Question 2

residency

Answer 2

-humans reside where they live and intend to stay.

-all other Ds (corporations, partnerships, etc) reside in every district in which they are subject to PJ for that suit. (differs from residency, which is every state)

-if all Ds reside in the same state, venue can be district where any single D resides.

Question 3

location of events

Answer 3

P can also lay venue in the district where a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated.

-if the Ds reside in multiple states, then proper venue will always be at the location of harm.

Question 4

transferring venue

Answer 4

can move a case between federal courts, but not state or foreign courts

3 ways:

1. convenience: If the case could have been filed there in the first place and transfer is necessary for the convenience of the parties and/or witnesses.
2. agreement: If all parties join the request to transfer, the court does not need to consider PJ or venue (if they agree they are consenting).
3. interest of justice: If the case was filed in an improper venue, the court can dismiss the case or in the interest of justice, transfer it where it could have been filed originally.

Question 5

forum non conveniens

Answer 5

If the most convenient forum is not in the US, the court cannot transfer the case, but can dismiss it without prejudice so the plaintiff can refile in the proper country. This may not be in the US. The same factors are considered as in the transfer of venue.

*Note that the court, in dismissing a case under forum non conveniens, will often condition the dismissal on the defendant waiving any future challenges (should the case be re-filed in a different country) to the statute of limitations or other similar defenses.