Venue Flashcards
1
Q
Where is federal venue proper?
A
Where any defendant resides, as long as they all reside in the same state.
OR
Where claim arose.
If neither of the above, then any district where defendant is subject to personal jurisdiction.
2
Q
What is the rule for transfer in relation to venue?
A
Transfer to a district with proper venue is ok.
Transfer to a district with improper venue is ok IF all parties agree.
Choice of Law:
- If suit was brought in district with proper venue and case is transferred, law of the first court controls.
If suit was brought in district with improper venue and case is transferred, then the law of the second court controls.
3
Q
Who has the responsibility to object to venue?
A
The Defendant
