Venue Flashcards
What is the difference between Venue and Subject Matter Jurisdiction?
SMJ tells you whether you can take a case to federal court and venue tells you exactly which one.
Where can a plaintiff lay venue?
In any district where:
— ALL Defendants reside
OR
— A substantial part of the claim arose
Can a substantial part of a claim arise in more than one jurisdiction for the purpose of venue?
Yes
When considering Venue, do you need to take account of diversity of citizenship or federal question?
No, it’s irrelevant at this stage
Is venue affected by where the Defendants reside or where the plaintiff’s reside?
Defendants only. Where the plaintiff’s reside is irrelevant
If a case was removed from State court to Federal court, are the rules regarding proper venue the same?
No, instead, Venue becomes proper in the federal court district embracing the state court where the action was originally filed.
If all defendant reside outside the United States, where is venue proper?
In any district
If you have multiple Defendants across several States, which venue is proper?
Any of the districts where a defendant resides.
For the purpose of Venue, how do we determine where the Defendants reside?
For both individuals and corporations, the rule is the same as for personal jurisdiction.
In order for the parties to transfer a case from one venue to another, the transferee court must have/be what?
Personal Jurisdiction over the parties without the defendant waiving.
Be a proper venue in its own right.
Can you transfer a case where the venue is already proper?
Yes, there are 3 ways to transfer a case:
(1) For forum non conveniens + if the case could have been brought in that district; or
(2) all parties consent to this new district; or
(3) There is a valid forum selection clause in place, the parties effect this by seeking a motion to transfer and it’s in the interests of justice for the court to do so.
What factors do the courts consider when deciding whether the transfer a case to another venue?
PUBLIC factors — like which law applies, which community should be burdened with jury service, a desire to keep the controversy in a local court.
AND
PRIVATE Factors — convenience for the parties
Who’s choice of law rule applies to a transferred case?
The choice of law rule transfer with the case (original forum), if venue was proper.
If original venue was improper OR there was a valid forum selection clause, then apply the transferee choice of law.
What happens if the case is transferee because venue was improper? Whose choice of law rules apply then?
It may transfer the case in the interests of justice, and the transferee courts gets to apply their own choice of law rules.
Or they can dismiss the case.
Why might a court dismiss or stay proceedings, rather than transfer to another court?
Because the more convenient court is in a different judicial system, so transfer isn’t possible.
