Venue Flashcards
Venue - Fed
Where all ∆reside or sub part of claim arose (all ∆ one state = anywhere in that state)
Venue - CA
Local Action: where the land lies
Transitory Action: where any ∆ resides + K entered/performed + death/injury occurred
Mixed: governed by primary relief sought
Transfer General
To court in same judicial system w/ PJ and SMJ
Transfer - Fed
Original Proper: movant burden w/ public factors + private factors; transferor choice of law applies
Original Improper: court can transfer in interest of justice or dismiss; transferee choice of law applies
Transfer - CA
Original Proper: look at impartial court, able judge, burden on W’s
Original Improper: waived if not waived in first response
Venue - Forum Selection Clause
Fed: establishes private factors
CA: enforce if a proper venue
Form Non Conveniens
Other judicial system is more appropriate
Stay or dismiss based on public + private factors (CA condition on waiving pj issues, etc.)
