Venue Bar Prep Flashcards
(25 cards)
Venue tells us
In which fed court to bring the case (where)
Basic choices under venue statute
- Residential venue: Where ALL defendants reside
- Transactional venue: Where a substantial part of the claim arose or where substantial part of the property is
For removal cases, venue is:
In the federal district embracing the state court where the action is filed
Where can the claim arise for transactional venue?
- Where a substantial part of the claim arose
- Can be more than one district
T or F: It matters where the plaintiff resides for venue
False, it does not matter
If defendant resides outside of the U.S., then venue is proper:
In any federal district court
If defendant resides outside of the U.S., but another defendant does, venue is proper:
Where venue is proper to the U.S. resident defendant
Where does a human defendant reside?
In fed district where she is domiciled
Where does business defendant reside?
In all districts where it is subject to PJ for the case! (JUST FOR THE CASE)
Transfer of venue occurs when:
The case moves from one trial court in a judicial system to another trial court in that same judicial system
T or F: Venue can transfer from fed court to state court
False
T or F: Transferee (court where the case is being transfered) must be a proper venue and have PJ over the defendant
True, and generally must be true without waiver by the defendant
Statute 1: Transfer from proper venue
- If the original district court is a proper venue, that court can order transfer based on convenience of parties and witnesses AND in the interests of justice
-Burden is on the person seeking transfer
- Court considers both public and private factors
- Public: What law applies, what community should be burdened with jury service, desire to keep a local controversy in local court
- Private: Convenience (ex: where are the defendants and evidence found)
If venue was proper before transfer, what choice of law rules apply?
The choice of law rules of the TRANSFEROR court (court where it was originally filed)
Forum Selection Clause (FSC)
Provision that the parties agree that a dispute between them will be litigated in a particular place
FSCs in Fed Court
- Fed courts will enforce FSCs if they’re not unreasonable
- May enforce FSCs even if a state court in that forum state would not
When there is a valid FSC, which factors are considered for transfer?
Only public interest factors
What choice of law rules apply when transfer is to enforce and FSC?
Transferee court will enforce its own choice of law rules
Statute 2: Original venue is improper
- If improper, court may transfer in the interest of justice or dismiss
- Usually, court will transfer if possible
When the fed court transfers a diversity case because the original venue is improper, which choice of law of law rules apply?
Transferee choice of law rules
Forum Non Conveniens
FNC applies when there is another court that is the center of gravity for the case, but, the court cannot transfer the case to that court because it is in a different judicial system
What can the court invoking FNC do?
- Stay the case (hold it in abeyance) OR
- Dismiss the case
T or F: Whether the court dismisses or stays, the idea is that the plaintiff will then sue in the other court, and the court may impose conditions on the party requesting transfer (ex: requiring her to waive service of process)
True
Factors considered
Same public and private factors as transfer
