Venue Flashcards
Venue
Venue concerns which geographic district is the proper place for a particular case to be heard. (There still must be SMJ and PJ.)
Venue is proper where:
1) Any D resides, if all D’s reside in the same state,
2) A Substantial part of the events giving rise to the claim occurred or where substantial part of the property is located.
3) If no district is proper under 1 or 2 , any judicial district where any D is subject to PJ.
Generally, venue is proper anywhere you can find an
ASP–
Any if all
Substantial events or omissions, OR
PJ fall back
Venue Residence
Determining residence varies depending on the types of parties involved:
Individuals
Corporations
Individual residence
A person’s domicile is where he is physically present and have the subjective intent to remain
Corporation Residence
In all districts where they are subject to PJ
Transfer Venue
A court may transfer from one federal court house that has proper SMJ, PH and venue to another federal courthouse that has proper SMJ, PJ, and venue AND which is ore convenient for parities/ witness or interests of justice.
Forum non conveniens
A court may dismiss or stay a case if there is a far more appropriate forum elsewhere, such as another state or country.