Venue Flashcards

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1
Q

Venue - Concept

A

Proper or possible place where procedure takes place - specific district court

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2
Q

Venue - Grounds for proper venue (3)

A

1) Residence of D within forum district
2) Location of event or property that are substantial part of action
3) If not other proper district - any district where court has PJDX over D

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3
Q

Venue - Grounds for proper venue - Residence Rules when D is a corporation (3)

A

1) State of incorporation
2) “Nerve center” = ppal place of business
3) “muscle center” = where most activities are performed

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4
Q

Venue - Consequences of filing at improper venue (2)

A

1) Court can transfer case to another court

OR

2) Dismiss complaint

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5
Q

Venue - “Forum non-conveniens” - gral

A
  • Proceeds even when venue is proper
  • Case is transferred to another district court with proper venue
    • Bc of compelling reason by sua ponte or by motion (heavy burden on D to achieve) - i.e. calendar congestion
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