Venue, Transfer, and Forum non Conveniens Flashcards
Venue
Dictates the region within a particular state (known as a judicial district) where a suit can take place.
Judicial District
region within a particular state
Subject Matter Jurisdiction
Whether a suit can be brought in the federal court system
Personal Jurisdiction
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.
The venue of an Action
the federal court in which the action is filed.
An action venue is proper If all of the defendants reside in the same state, and the venue is __.
in the district in which any defendant resides.
Sua sponte
When the court raises the issue of improper venue.
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 ___.
Proper
For purposes of venue, a defendant’s place of residence is determined according to what rules? (3)
Residence of Natural Persons, Residence of Entities, Non-Resident Aliens
Where are natural person deemed to reside for purposes of venue?
where they are domiciled
Where are aliens who are admitted to permanent residence in the United States deemed to reside for purposes of venue?
where they are domiciled
If the entity is a defendant, where is venue proper?
Where the defendant is subject to personal jurisdiction.
Proper Action Venues: (3)
(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.
If the entity is a plaintiff, venue is proper where _____.
that plaintiff maintains its principal place of business
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.
True.
Is venue proper over non-resident aliens in any judicial district?
Yes.
In multi-defendant cases, how are non-residents aliens regarded when deciding venue?
They are not considered.
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?
The defendant
The burden is on the party making a motion to transfer to show that: (2)
(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.
When an action filed in a proper venue is transferred to a different court, what substantive law should be applied?
The same law that would have been applied by the transferor court.
If a case is brought in an improper venue, the court must ___ or ___.
dismiss or if in the interest of justice, transfer such case to any district in which it could be brought.
Forum Non Conveniens
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.
