Venue

Question 1

What is venue?

Answer 1

Refers to the geographic location where a claim should be filed?

Question 2

What are the 2 types of venue in Virginia?

Answer 2

Preferred (Class A) and Permissible (Class B)

Question 3

What is the Class A venue for administrative decisions?

Answer 3

-the county or city in which: the party affected by the state action resides, the party affected regularly or systematically conducts affairs or business activity, or the party’s property affected by the admin action is located,
-the county or city in which the violation is alleged to have occurred, if none of the above applies, or
-the county or city in which the officer of the Commonwealth has his official office, if the action is against one or more officers of the Commonwealth in an official capacity

Question 4

What is the class A venue for actions involving land?

Answer 4

Where the land or any portion of it is situated?

Question 5

What is the class A venue for writs of mandamus, prohibition, or certiorari?

Answer 5

The county or city in which the record or proceeding to which the writ relates is situated

Question 6

What is the class A venue for wills?

Answer 6

if it is getting impeached or established, it is in the county or city usually where it was probated

if it has not been probated, then it would be where the it can be property probated

Question 7

what is the class A venue for attachments?

Answer 7

the county or city where the principal defendant has an estate or debt

Question 8

what is the class A venue for collection of state, county, or municipal taxes?

Answer 8

-where the taxpayer resides,
-where the taxpayer owns real or personal property, or
-where the taxpayer has a registered office, or regularly or systematically conducts business

Question 9

what is the class A venue for writ of quo warranto?

Answer 9

-the city or county in which any of the defendants resides, or
-if the defendant is a corp, the city or county in which its registered office is or in which its mayor, rector, president, or other chief officer resides

Question 10

what is the class A venue for proceedings to award an injunction to any judgment or judicial proceeding?

Answer 10

whether it is GDC or CC, it is the CC in which the judgment was rendered or pending

Question 11

What is the class A venue for proceedings to award an injunction to any other act or proceeding?

Answer 11

the CC of the county or city in which the act is to be done, or being done, or is apprehended to be done, or the proceeding is pending

Question 12

what is the class A venue for a Virginia Tort Claims Act?

Answer 12

-the county or city where the claimant resides,
-the county or city where the act or omission complained of occurred, or
-if the claimant resides outside of VA and the act or omission complained of occurred outside of VA, the City of Richmond

Question 13

What are the most common permissible forums? (4)

Answer 13

-where an individual defendant resides or has his principal place of employment (or where an entity has its principal office or place of business)
-where the defendant has a registered office, or has appointed an agent to receive service of process
-provided the plaintiff can show some practical nexus to the forum, where the defendant regularly conducts substantial business activity, or
-where the cause of action, or any part arose

Question 14

what is the class b forum for a contract claim? [is this correct]

Answer 14

-where the contract was made, or
-where the breach occurred

Question 15

Class A location vs Class B location

Answer 15

the case must be heard in the class A location unless all parties agree to another location or fail to object [the fail to object doesn’t make sense, is it a typo]

Question 16

When a defendant believes the action was brought in the wrong forum, in GDC:

Answer 16

the defendant must object and point out the court of proper venue, before or in the day of trial, or objection is waived

Question 17

When a defendant believes the action was brought in the wrong forum, in CC:

Answer 17

the objection must be filed within 21 days of service of the defendant (or within any period granted to extend time for filing responsive pleadings)

Question 18

What must the objecting party state when there is a motion to transfer?

Answer 18

in either court, the objecting party must state where venue would be proper and why venue is not proper where the action was brought, or the objection is waived

Question 19

What happens in regards to venue when there is multiple defendants?

Answer 19

as long as venue is class A as to one resident defendant, the venue is considered proper for all defendants

Question 20

What is a forum selection clause?

Answer 20

an agreement in a contract by the parties selecting which court will hear any dispute

Question 21

Are forum selection clauses enforceable in Virginia?

Answer 21

Yes, unless they are shown to be unfair, unreasonable, or affected by fraud, or unequal bargaining power

Question 22

What is a choice-of-law selection?

Answer 22

an agreement in contract by the parties stating that a particular state’s law will apply

Question 23

Are choice-of law selections in agreements enforceable in Virginia?

Answer 23

Yes, as long as the state whose law was selected has some reasonable relationship to the purpose of the agreement

Question 24

What happens if there is a conflict of laws with the choice of law provision?

Answer 24

the choice of law provision will govern as to the substantive law of the selected forum, but the rules of the state court hearing the case will govern procedural matters