Venue

Question 1

When property is involved the case must be heard

Answer 1

where the property is

Question 2

Every case that does not involve property can be heard

Answer 2

in several different places depending on statute

Question 3

Federal Statute Venue Rule (1391b)

Answer 3

• Judicial district where all Ds reside
• A substantial part of the events or omissions giving rise to the action occurred (Uffner and 8th Circuit)
• Where any D is subject to personal jurisdiction with respect to the action if there is no venue where it can be brought otherwise

Question 4

Uffner Substantial Event Test

Answer 4

Just needs to be an important link in the chain of events

Question 5

8th Circuit Substantial Event Test

Answer 5

Something needs to be in dispute

Question 6

What does it mean to reside for individuals

Answer 6

where they are domiciled
- 1391c1

Question 7

What does it mean to reside for a corporation

Answer 7

any judicial district where they are subject to personal jurisdiction to the civil action in question (minimum contacts/Principal place of business or incorporation)

Question 8

For corporations, treat a district like

Answer 8

a state to establish personal jurisdiction
- first look at if they are a resident of the district then do the 1391b1 analysis

Question 9

If a case is filed in the wrong venue the court can

Answer 9

dismiss or if in the interest of justice transfer to a correct venue (1406a)
- usually transfers

Question 10

Must claim incorrect venue

Answer 10

early or lose the right to bring this up

Question 11

When the case is filed in the correct venue, but defendant wants to transfer look at

Answer 11

if the action could hve been brought in the court where they want the case transferred to (subject matter jurisdiction, personal jurisdiction, proper venue) and analyze whether the interests of justice and considerations of convenience favor transfer using the private and public interest factors

Question 12

Venue Transfer Factors for Private Interests

Answer 12

• the plaintiff’s choice of forum, unless the balance of convenience is strongly in favor of the defendants
• the defendant’s choice of forum
• wether the claim arose elsewhere
• the convenience of the parties
• the convenience of the witnesses and
• the ease of access to sources of proof

Question 13

Venue Transfer Factors for Public Interest Considerations

Answer 13

• the transferee’s familiarity with the governing laws
• the relative congestion of the calendars of the potential transferee and transferor courts and
• the local interest in deciding local controversies at home

Question 14

Only transfer to a different venue if

Answer 14

public and private interest factors strongly in favor of transfer

Question 15

When a case is removed to federal court and they go to the district where the state court was then

Answer 15

venue is proper

Question 16

If removal was proper then

Answer 16

venue is always proper

Question 17

If it is federal common law and no statute, courts can

Answer 17

only transfer cases to courts within their same system usually but forum non conveniens says there is another more convenient case in another country

Question 18

Forum non conveniens requires

Answer 18

Dismiss the case and refile in the other court because can’t transfer to another country