Venue

Question 1

proper venue

Answer 1

venue is proper in any district where:
1. any D resides (if all Ds are residents of the forum state),
2. a substantial portion of the claim occurred,
3. a substantial portion of property is located, OR
4. if none of the above, then where any D is subject to the court’s PJ

NOTE: proper venue is determined @ time the action was filed

look @ filing time

Question 2

transfer of venue from proper venue

Answer 2

Proper Venue: if venue was proper when the case was filed, the court MAY transfer it if:
1. neded for the convenience of the witnesses OR in the interests of justice, AND
2. the case could have initially been brought in the receiving corut (court has PJ and SMJ)

Question 3

transfer of venue from improper venu

Answer 3

Improper venue: if venue was improoper when the case was filed, the court MUST either:
1. dismiss the case, OR
2. transfer the case to a proper court if the interests of justice require it

Question 4

forum selection clause

Answer 4

courts will enforce a forum-selection clause UNLESS special factors are present; ie,
- significant/unusual hardship, (or)
- inequality of bargaining power