Venue

Question 1

what does venue address?

Answer 1

It address geographical considerations Mainly the region in a particular state where a suit can occur Fed ct called judicial districts

• it tells you the judicial district in a particular state in which you can sue

Question 2

How is the appropriate venue dictated?

Answer 2

• By residency of the D
• Location of the events giving rise to the lawsuit

Question 3

Where is residency for the purpose of venue?

Answer 3

If the Ds reside in the same state, residency is in any judicial district that any single D resides

Question 4

How is residency determined for venue?

Answer 4

• Human beings
  
  • Residents in the state they reside & intend to remain indefinitely
• Corporations
  
  • Residents of any judicial district in which they are subject to PJ
• Other entities
  
  • Residents of any judicial district in which they are subject to PJ

Question 5

How does location of events work in determining venue?

Answer 5

1. If you have Ds who reside in multiple states P will have ot lay venue in the location of the harm
2. Also, P can lay venue in a judicial district:
   
   • where a substantial part of the events or admissions giving rise to the claims occurred OR
   • where a substantial part of the property which is the subject of the action is situated

NOTE - Can have multiple locations for “substantial events”

Question 6

When can you transfer venues?

Answer 6

1. Convenience
   
   • ct may transfer a case to a diff fed venue if the case could have been filed there in the 1st place AND
   • the transfer is necessary for the convenience of the ptys &/or the witnesses
   • this is a tool to transfer cases w/in the fed ct system not to other ct systems
2. Agreement
   
   • if all ptys agree to transfer a case to a particular venue, the cts may transfer it
   • even if PJ & venue were lacking
3. Interest of Justice
   
   • If P files suit in an improper venue, the ct may:
     
     • dismiss the case outright OR
     • transfer it to the proper venue

Question 7

What is forum non conveniens?

Answer 7

This is a jurisdiction concept & implores the same standard as convenience transfer.

• the ct dismisses the case due to it not being the best forum & P picks up & re-files the case in another ct system, usually that of which the ct suggests may be more convenient
• sometimes, the ct will ask D for a conditional waiver any future challenges - i.e. SOL