Venue Flashcards

(10 cards)

1
Q

Proper Venue

A

Federal district that is most convenient and appropriate location for the lawsuit

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2
Q

Venue is proper in a district where either:

A

any defendant resides if all defendants reside in that same state

any substantial part of the claim arose or the property at issue is located

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3
Q

Individuals reside for venue purposes where they are?

A

domiciled

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4
Q

organizations reside in any district that would have?

A

personal jurisdiction over them if that district were a state

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5
Q

Foreign citizens who do not reside in the US can be sued by?

A

any federal district

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6
Q

How to defendants object to improper venue

A

filing a motion to dismiss or to transfer the action to a proper venue

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7
Q

A challenge to improper venue must be filed by the defendant in what?

A

in their first response to the complaint

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8
Q

Defendants challenge to improper venue will be granted w/ what factors

A

-in the courts discretion
-for the convenience of parties and witness; and
-in the interests of justice

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9
Q

Failure of the defendant to file a response for improper venue in their first response to the complaint constitutes a?

A

waiver of the objection to venue

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10
Q

If there is a forum selection clause, there is?

A

a strong presumption that the choice of venue will be honored

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