Venue, transfer, FNC

Question 1

What is venue

Answer 1

geographical location of the specific federal district court where the lawsuit may be brought

Question 2

list (3)

P may lay venue in any district where:

and what types of cases (fed v state) applies to

Answer 2

1. Residential venue - where any defendant resides if all defendants reside in the same state
2. Transactional venue - where substantial part of events that gave rise to suit or substantial part of property at issue is located -OR-
3. D subject to court’s PJ if residential and transactional venue dont apply

1+2 apply only to cases INITIALLY filed in federal ct

DOES NOT apply to cases removed to federal ct

Question 3

A substantial part of a claim can arise is more than one place

True or False?

Answer 3

True

Question 4

For venue purposes it does not matter where _________ resides

(P or D?)

Answer 4

plaintiff

Question 5

Venue rules same for diversity and FQ cases

Question 6

If D resides outside US then venue is proper:

Answer 6

any federal district court

Question 7

If multiple Ds and one resides inside US then venue is proper:

Answer 7

venue must be proper as to that D (one residing in US)

Question 8

For venue purposes where does a human reside?

Answer 8

where they are domiciled

Question 9

For venue purposes where does a corporation or uninc. reside?

Answer 9

where they are subject to PJ

(remember PJ considers if corp has the suff min contacts in the state for the state to have jx over it)

Question 10

IF og district is proper venue and ct order transfer (usually based on convenience and witnesses), the burden is on:

Answer 10

person seeking transfer (usuallyD)

Question 11

When transfer is from a proper venue, what choice of law rules are applied

Answer 11

rules of transferor/original court

Question 12

When there is a forum selection clause which court applies choice of law rules?

Answer 12

transferee ct/ct receiving the transferred case

Question 13

Can transfer to another federal district court but not another state court

aka can transfer to another state but only to that states federal district court

Question 14

When there is improper venuee which court applies choice of law rules?

Answer 14

transferee ct/ct receiving the transferred case

Question 15

What is the FNC doctrine

Answer 15

doctrine which allows a federal court to dismiss or keep a lawsuit if a state or foreign judicial system is better suited to hear the case

(even if venue is proper in the original court)

Question 16

list (2)

When venue is improper, federal court must either

Answer 16

1. dismiss lawsuit -or-
2. transfer lawsuit to a federal court with proper venue

Question 17

How does an original court’s lack of personal jurisdiction affect its power to transfer a case?

Answer 17

it has no effect!

Question 18

SMJ vs Venue

Answer 18

SMJ - is the power of the court to adjudicate the matter before it.

Venue - relates to the proper geographic district in which to bring the action.

Question 19

How must a party object to improper venue?

Answer 19

By timely objection in a pre-pleading motion or answer