Venue, Transfer, and Forum Non Conveniens

Question 1

Plaintiff may lay venue in any federal district where:

Answer 1

All defendants reside (residential venue),
OR
A substantial part of the claim arose, or a substantial part of the property involved in a lawsuit is located (transactional venue)

Question 2

When a case was removed to fed court, the residential or transactional venue rule applies as well. T/F

Answer 2

False. Removal means that the venue must be the fed district “embracing” the state court where the action was filed

Question 3

If Ds reside in different districts within the same state, you can lay venue in ___.

Answer 3

Either district

Question 4

Transfer occurs when a case goes from federal court to state court, or vice versa. T/F

Answer 4

False— that’s removal or remand. Transfer occurs in the same judicial system

Question 5

When there is a transfer to another court, the transferee must be a proper ___ and have ___ over the defendant.

Answer 5

Venue; PJ

Question 6

Statute #1: transfer from proper venue: a court can order transfer based on the ___ of the parties and the interests of Justice. The burden is on the _____. The court will consider factors showing that another court is the ___ for the case.

Answer 6

Convenience
Person seeking the transfer
Center of gravity

Question 7

With a diversity case is transferred under statute #1, the transferee court (receiving court) must apply the choice of law rules of the other court unless the transfer is to give effect to _____.

Answer 7

A forum selection clause

Question 8

Forum selection clauses— a fed court may enforce a FSC even if a state court in that forum state would not. T/F

Answer 8

True

Question 9

When a transfer is to enforce a FSC, the transferee court will apply [its own/the transferor court’s] choice of law rules.

Answer 9

Its own.

(Think— there’s a reason the FSC was in a contract, and it’s probably because the party wanted the transferee court’s choice of law rules)

Question 10

Statute #2– original venue is improper: if this is true, the court may ____ or ____.

Answer 10

Transfer in the interest of justice; dismiss

Question 11

When fed court transfers a case because the original venue is improper, the transferee applies [its own/the transferor court’s] rules.

Answer 11

Its own. Don’t want P to benefit from its own improper filing

Question 12

Forum non conveniens = when a transfer is not possible because the other court is ___.

Answer 12

Is a different judicial system

Question 13

Forum non conveniens will result in the case being ___ or ___.

The other court in this situation must be ___ and ____.

Answer 13

Stayed; dismissed

Available; adequate