Ch 3: Venue

Question 1

What does the term ‘venue’ refer to?

Answer 1

The proper place for an action to be brought, addressing which court has jurisdiction for a matter.

Question 2

What are venue requirements intended to ensure?

Answer 2

Fair and convenient forum for litigating disputes.

Question 3

How do venue rules determine the proper trial location in federal court?

Answer 3

By determining the proper geographic district where a trial should occur.

Question 4

What is the distinction between local and transitory actions?

Answer 4

• Local actions involve title to property and must be brought in the court where the property is located
• Transitory actions involve causes of action based on events that could have occurred anywhere.

Question 5

In federal court, how is venue determined?

Answer 5

Without regard to whether the action is local or transitory.

Question 6

What are the three general venue rules in federal civil action?

Answer 6

• A district where any defendant resides, if all reside in the same state
• A district where a substantial part of the events or omissions occurred
• A district where a substantial part of the property that is the subject of the action is located.

Question 7

What is the fallback alternative for venue if no judicial district is available?

Answer 7

Any judicial district where any defendant is subject to personal jurisdiction.

Question 8

For venue purposes, where does a natural person reside?

Answer 8

In the judicial district where that person is domiciled.

Question 9

How is a business entity deemed to reside for venue purposes?

Answer 9

In any judicial district where the entity is subject to personal jurisdiction.

Question 10

What happens if a defendant is a nonresident of the United States?

Answer 10

They may be sued in any judicial district, but their joinder is disregarded for determining proper venue regarding other defendants.

Question 11

Can an objection to improper venue be waived?

Answer 11

Yes, it may be waived by the parties and is automatically waived if not asserted in a timely manner.

Question 12

What is the timely manner to assert an objection to improper venue?

Answer 12

• In a pre-answer motion to dismiss under Rule 12(b)(3)
• In the first responsive pleading if no motion is filed.

Question 13

What are the venue options for a federal official sued in official capacity?

Answer 13

• Where the defendant resides
• Where substantial events occurred or property is located
• Where the plaintiff resides if no real property is involved.

Question 14

What is the rule regarding change of venue from proper venue?

Answer 14

A district court may transfer the case for convenience or in the interest of justice.

Question 15

What must a court do if venue is improper?

Answer 15

• Dismiss the case
• Transfer the case to a proper venue if required by interest of justice.

Question 16

What is required for a change of venue when the original venue is proper?

Answer 16

The right to transfer is available only when the jurisdiction and venue of the court are proper.

Question 17

What is the burden of proof for a motion to transfer venue?

Answer 17

The burden rests on the party seeking the transfer.

Question 18

What factors are considered when invoking the doctrine of forum non conveniens?

Answer 18

• Availability of an alternative forum
• The law that will apply
• Location of the parties, witnesses, and evidence.

Question 19

Who bears the burden of proof to invoke the doctrine of forum non conveniens?

Answer 19

The defendant ordinarily bears a heavy burden to displace the plaintiff’s chosen forum.

Question 20

What modifies the conventional rule for forum non conveniens when a forum-selection clause is present?

Answer 20

The burden shifts to the plaintiff to show why the court should disregard the forum-selection clause.

Question 21

What are the four grounds for proper venue in a federal civil action?

Answer 21

• Where any defendant resides, if all defendants reside in the same state in which the district is located
• Where a substantial part of the events or omissions on which the claim is based occurred
• Where a substantial part of the property that is the subject of the action is located
• Where any defendant is subject to personal jurisdiction with respect to the action

Question 22

How is residency determined for venue purposes for an individual plaintiff?

Answer 22

Resides in the federal district where the individual is domiciled

Question 23

How is residency determined for venue purposes for a business entity defendant?

Answer 23

• Resides in the federal district where it has its principal place of business
• Resides in a federal district where it is subject to the court’s personal jurisdiction

Question 24

Does the ‘entity’ approach for partnerships and unincorporated associations apply to diversity jurisdiction?

Answer 24

No, it only applies for venue purposes

Question 25

What must a court do if venue is improper?

Answer 25

Dismiss the case or transfer it to a proper district if it is in the interest of justice

Question 26

To what type of district can a case be transferred if venue is improper?

Answer 26

To any district where the case might have originally been brought or to which all parties consent

Question 27

What is the doctrine of forum non conveniens?

Answer 27

It allows a federal court to dismiss an action if the forum would be too inconvenient for the parties and witnesses and another more convenient venue is available

Question 28

When a case is transferred from a court where venue was proper, what law applies?

Answer 28

Apply federal law as interpreted by the court of appeals of the receiving court

Question 29

When a case is transferred from a court where venue was improper under diversity jurisdiction, what must be applied?

Answer 29

Apply conflict-of-law rules of the original court

Question 30

In cases arising under federal question jurisdiction, what conflict-of-law rules must be applied when transferring venue?

Answer 30

Apply federal law as interpreted by the court of appeals of the receiving court

Question 31

In cases arising under diversity jurisdiction, what conflict-of-law rules must be applied when transferring venue?

Answer 31

Apply conflict-of-law rules of the receiving court