Venue Flashcards
What does ‘venue’ refer to in legal terms?
The proper geographical district in which to bring an action.
What is the first rule for determining proper venue in federal courts?
Venue is proper within any judicial district in which any defendant resides, as long as all defendants are residents of the state that the district is within.
Provide an example of proper venue based on defendant residence.
One resident lives in northern FL and another lives in Miami, FL, thus venue would be proper for the plaintiff to file in northern or southern districts of FL.
What is the second rule for determining proper venue in federal courts?
Venue is proper within a judicial district where a substantial part of the acts giving rise to the lawsuit occur or where a substantial part of the property in dispute is located.
What factors define a ‘substantial part’ regarding venue?
Defined based on law, precedent, case law, etc.
prof further adds that the facts will show whether substantial part is present where person who spends 15 mins vs 95 mins in the state
What is the third rule for determining proper venue if the first two do not apply?
Venue is proper in any district where any defendant is subject to personal jurisdiction.
How is ‘domicile’ defined for a natural person in legal terms?
A natural person is domiciled in the place they call home.
List factors that determine a natural person’s domicile.
- Paying taxes
- Homestead
- Duration of residence
- Receiving mail
How is domicile defined for a business entity?
A business is domiciled in the place where personal jurisdiction is proper and where the majority of business occurs.
also consider internet cases and when the biz is incorporated in the state
What is the rule regarding nonresidents of the US in terms of venue?
A citizen who lives outside the US or an alien can be sued in any district.
thus in effect when a biz/corp cannot be established under the general 2nd rule for Venue then you can file under the 3rd rule
Can improper venue be waived?
Yes, improper venue can be waived.
What cannot be waived regarding venue?
Improper subject matter jurisdiction cannot be waived.
What happens if the original venue is improper?
The party can seek to transfer to another venue or the court must dismiss the case.
Where original venue was improper, what happens?
the current court must either dismiss the case or transfer it to the proper venue
- both parties must consent
- if the OG vene was proper, then the new court will apply the laws of the previous court.
Where the OG venue was improper, what happens?
Then the current court must either dismiss the case or transfer it to the proper venue.
- both parties must consent
- if the OG venue was improper, then the court will apply the law of the new court.
What must occur before transferring a case to a proper venue?
Both parties must consent before transferring!!!
What is a forum selection clause?
An agreement that specifies the court where disputes will be resolved.
What happens if a lawsuit is based on a contract with a forum selection clause?
The court will enforce the agreement unless exceptional public interest dictates otherwise.
Courts will generally enforce the clause even if it causes a hardship keeping in mind that the party entered into the K freely and voluntarily.
What happens if the OG court lacks PJ over the defendant in order to have venue?
Even if the OG court lacks PJ over the D, then the court still has the power to move the case to a different venue.
For venue, when can a state hear a Federal Q issue?
- Just bc the state case may hear the Fed Q does not mean they must heat the case.
- The state court should hear the case unless there is a law forbidding jurisdiction.
the state law barring state courts from hearing cases under fed law against another’s interest is a neutral rule of judicial admin that does not imporperly burden claims arising under fed law.
What is the Full Faith and Credit Clause?
State court must enforce orders from other state courts even if there are no laws enforcing them.
True or False: A federal court can issue an injunction against a simultaneous state court case unless its authorized by statute.
False
where fed and state courts have dualling lawsuits.
dealing with threat to a future criminal case…
Can a federal court issue an injunction to prevent collection of state taxes?
No, a federal court may not file an injunction to prevent collection of state taxes.
What is ‘Diversity of Citizenship’ in legal terms?
States may hear cases involving parties from different states in excess of $75,000.
What is the difference between federal and state courts regarding jurisdiction over certain issues?
US Congress has given federal courts jurisdiction over some issues like bankruptcy.
