Venue, Transfer, and Forum non Conveniens

Question 1

Venue

Answer 1

Dictates the region within a particular state (known as a judicial district) where a suit can take place.

Question 2

Judicial District

Answer 2

region within a particular state

Question 3

Subject Matter Jurisdiction

Answer 3

Whether a suit can be brought in the federal court system

Question 4

Personal Jurisdiction

Answer 4

Informs the plaintiff what state the suit can be brought in.

Whether the court has power of the court over the parties in the case.

Question 5

The venue of an Action

Answer 5

the federal court in which the action is filed.

Question 6

An action venue is proper If all of the defendants reside in the same state, and the venue is __.

Answer 6

in the district in which any defendant resides.

Question 7

Sua sponte

Answer 7

When the court raises the issue of improper venue.

Question 8

If the party either consents to the venue, consents to personal jurisdiction in the venue, or waives her objection by failing to raise it, the venue is considered ___.

Answer 8

Proper

Question 9

For purposes of venue, a defendant’s place of residence is determined according to what rules? (3)

Answer 9

Residence of Natural Persons, Residence of Entities, Non-Resident Aliens

Question 10

Where are natural person deemed to reside for purposes of venue?

Answer 10

where they are domiciled

Question 11

Where are aliens who are admitted to permanent residence in the United States deemed to reside for purposes of venue?

Answer 11

where they are domiciled

Question 12

If the entity is a defendant, where is venue proper?

Answer 12

Where the defendant is subject to personal jurisdiction.

Question 13

Proper Action Venues: (3)

Answer 13

(1) the district in which any defendant resides, if all of the defendants reside in the same state

(2) the district in which a substantial part of the events or omissions giving rise to the claim occurred or the district
in which a substantial part of the property that is the subject of the action is located, or

(3) the district in which any defendant would be subject to personal jurisdiction, if there is no other district in which the action could be brought.

Question 14

If the entity is a plaintiff, venue is proper where _____.

Answer 14

that plaintiff maintains its principal place of business

Question 15

T or F? If a corporation resides in a state that has multiple districts, venue is proper in the district that would have had personal jurisdiction over that corporation had that jurisdiction been its own state.

Answer 15

True.

Question 16

Is venue proper over non-resident aliens in any judicial district?

Answer 16

Yes.

Question 17

In multi-defendant cases, how are non-residents aliens regarded when deciding venue?

Answer 17

They are not considered.

Question 18

Who bears the burden in proving that an adequate alternative forum exists to the plaintiff’s choice of forum and that the plaintiff’s choice of forum is significantly inappropriate?

Answer 18

The defendant

Question 19

The burden is on the party making a motion to transfer to show that: (2)

Answer 19

(1) The convenience of the parties and witness, the ease of the access to proof, calendar congestion, and other factors favor the transfer and
(2) the court to which the action will be transferred has both subject-matter jurisdiction and personal jurisdiction over the suit.

Question 20

When an action filed in a proper venue is transferred to a different court, what substantive law should be applied?

Answer 20

The same law that would have been applied by the transferor court.

Question 21

If a case is brought in an improper venue, the court must ___ or ___.

Answer 21

dismiss or if in the interest of justice, transfer such case to any district in which it could be brought.

Question 22

Forum Non Conveniens

Answer 22

Doctrine that allows a court to decline to exercise its jurisdiction and dismiss an action if the court where the action was brought would be a seriously inconvenient forum and an adequate alternative forum exists in a foreign country.