Venue

Question 1

What is venue?

Answer 1

SMJ and FQ let us take a case to federal court, venue tells us which federal court.

Question 2

Where may a plaintiff lay venue?

Answer 2

1. In any jurisdiction where one or all of the defs. reside; or
   a. If both defs. live in same state but different districts than the plaintiff may choose either district
   i. Def needs to be domiciled there; and
   ii. Never matters where the plaintiff resides
2. Any district where a substantial part of the claim arose; or
   a. *Does not apply where the case is removed
3. If 1 and 2 are not present than where the def. is subject to personal jurisdiction

Question 3

When may venue be transferred?

Answer 3

1. There must exist proper venue; and
2. May be transferred to another venue that could have originally held jurisdiction over the case; and
3. Must be independent of waiver
   a. minor exception: The court may transfer venue where all of the parties consent
4. Transfer Statutes
   a. Never a right, always discretionary
   i. Can transfer in the interest of justice or dismiss
   b. Public and Private Factors: The transferee is the center of gravity
   i. Public factors - what law applies, locality, jurisdiction, etc.
   ii. Private factors - Where are the witnesses and the evidence

Question 4

What is forum non Conveniens?

Answer 4

Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from refiling his or her case in the more appropriate forum. See Res Judicata. This doctrine may be invoked by either the defendant, or by the court. See sua sponte.

Question 5

What situations justify forum non Conveniens?

Answer 5

The residence of the parties
The location of evidence and witnesses
Public policy
The relative burdens on the court systems
The plaintiff’s choice of forum
How changing the forum would affect each party’s case