Venue Flashcards
Does a federal court have subject matter jurisidiction over a D who is a resident of a foreign country if D has no connection whatsoever to the state in which the federal court sits?
Yes because any venue is proper for a non-resident of the US, as non-US residents are considered residents of any judicial district
Is there proper venue in State 1 if (1) contract negotiated + executed in State 1 where P lived, (2) good made in State 2, (3) D lives in State 3, (4) P went to State 3 to pick up and pay for the good, and (5) all three states have 1 federal judicial district?
Yes because where a contract was negotiated and executed constitutes where a substantial part of the events or omissions occurred, which in this case was State 1 - this is the case even if substantial events or omissions giving rise to the claim also occurred elsewhere
Is the US D of DC proper venue in a case brought by P against a federal employee under the Federal Tort Claims Act that occurred where P is a citizen?
No b/c venue under the Federal Tort Claims Act is only proper either (1) where P resides or (2) where act / omission occurred, which in this case had to be the state where P resided
Should the court grant D’s motion to dismiss for improper venue if (1) P moved to the forum state (2) from the state (a) in which all of the relevant events took place and (b) where D resides if (3) the action arose from D under color of legal authority?
No because any action against a federal officer / EE acting in official capacity or under color of legal authority can be brought in judicial district where P resides if no real property is involved or where D resides
Can D move to change venue from the forum State 1 to State 2 if (1) P is resident of State 1, (2) D has its principal place of business and incorporation in State 2, and (3) substantial events related to the claim occurred in both states?
Yes, b/c to transfer venue for convenience, the transferor court must determine that (1) the action could have been initiated in the transferee court or (2) parties consent - not enough for the transfer just to be convenient, here there is (a) subject matter b/c diverse, (b) personal b/c State 2 is where D is incorporated and principal place of business and (c) proper venue b/c D resides there
