Venue Flashcards
Venue in all actions in the federal courts is proper in a district . . .
1) where any defendant resides, if the defendants all live in one state; 2) where a substantial part of the events took place; 3) where a substantial part of property involved in the case is located; 4) if none of the above, where the defendant is then located.
Can improper venue be waived?
yes
When is improper venue deemed waived?
it is presumed unless a timely objection has been made.
Forum non conveniens applies to cases which are brought in _____________ court but which should have been brought in _______________ court.
federal; state
If a case is transferred from a court which was the proper venue for a case, what law applies?
the law of the transferor court.
For what purposes can a case be transferred?
for the convenience of the parties or witnesses.
To what kind of court can a case be transferred to?
only to a court where the case could have been brought originally.
When can a case be transferred to a court where the case could not have been originally brought?
when all the parties consent to the transfer to that court.
Does a transferring court have to have personal jurisdiction over the parties in order to transfer the case?
no
If a case is transferred from a court which was not the proper venue for a case, what law applies?
the law of the court to which the case is transferred.
What law is applied where a case is transferred in order to enforce a forum selection clause?
the court to which the case is transferred.
