Venue

Question 1

What is the hiearchy to look for in Venue?

Answer 1

1.Forum Selection Clause 2.Look for category A. 3.Look for category B.

Question 2

What must a forum selection clause be?

Answer 2

VA. Code § 8.1A-301(b) that “Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or such other state or nation shall govern their rights and duties.”

There must be a reasonable relation

Question 3

What cases fall into Category A venue? (6)

Answer 3

1. Choice of forum
2. Real Property
3. Action against the state
4. Wills
5. Injunctive relief
6. writ actions

Question 4

Where is venue for Local actions (involving land)?

Answer 4

Venue is where land or any part thereof lies

Question 5

Venue for actions against the state?

Answer 5

Must sue in the district where the plaintiff resides

Question 6

Where is venue for Will actions?

Answer 6

Must sue where the will was or would have been probated (usually the decedant’s domicile)

Question 7

Where is venue for Writ actions? (i.e., mandamus, prohibition, certiorari)

Answer 7

Venue is where proceeding to which writ relates is located

Question 8

Where is venue for Injunctions?

Answer 8

sue in district where D will be forced to perform

Question 9

What is category B venue?

Answer 9

Whatever does not fall into Category A

Question 10

What may Category B venue be based on? (7)

Answer 10

1. Where D resides or works
2. Where a business D has its PPB
3. Where a business D conducts substantial business, as long as that place is related to P’s case.
4. Where D has registered office/agent
5. Where corp. D CEO resides
6. Where cause of action arose:
   * Contracts=last act that formed the K occured OR where the breach occurred
   * Tort = where the wronfgul acts or harm arose
   * Everything else=analogize to contrcts or torts

Multiple D’s, anywhere that it is lawful for a D to be sued

Question 11

In the case of multiple Ds, where is venue proper?

Answer 11

If venue is lawful for one D it is lawful for all Ds.

Question 12

Is transfer permitted when the venue is category A?

Answer 12

No, that is preferred/mandatory venue

Question 13

Is transfer permitted when the case starts in a “permissible” category B venue?

Answer 13

Yes, if an alternative venue is subtantially more convenient. The court can transfer to “any fair and convenient forum” in the Commonwealth, regardless of whether that venue is designated as permissable.

Question 14

When can an improper venue retain a case?

Answer 14

D fails to object or the parties agree to stay there. Court must transfer if D objects.

Question 15

The Virginia Supreme Court held that a trial court abused its discretion when…

Answer 15

it refused to transfer from place where defendant had his principal place of employment to place where cause of action arose, where plaintiff worked and where witnesses were located.

Not my flashcard. Maybe been tested?

Question 16

What is forum Non Conveniens (FNC)

Answer 16

A dismissal (not transfer) of a case because it cannot be conveniently brought anywhere in the VA Court System.

Question 17

What are the elements to qualify for forum non conevniens? (4)

Answer 17

1. An alternative forum outside the Commonwealth is much more convenient;
2. Plaintiff is a non-resident
3. The claim arose outside the Commonwealth; and
4. the alternative forum will have PJ over all D’s

The traveling VA tortfeasor

Question 18

What must the court find to properly grant forum non conveniens?

Answer 18

The court must find (1) good cause and (2) that the other court has jurisdiction.

Question 19

In granting the motion for forum non conveniens, the court may condition the dismissal on…

Answer 19

stated conditions (e.g., that D not raise certain defenses).