VENUE, TRANSFER, AND FORUM NON CONVENIENS

Question 1

Venue tells us in which ________ to bring a case.

Answer 1

Federal Court

Question 2

Plaintiff may lay venue in any jurisdiction where…

Answer 2

• All defendants reside (residential venue); When 2 defendants reside in the same state but different venues, either of the venues are proper.
• A substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located (transactional venue).

Question 3

Transactional Venue: Where can a substantial part of a tort claim arise for venue purposes?

Answer 3

It can arise where the defective product was manufactured and where the plaintiff was injured.

Question 4

Transactional Venue: Where can a substantial part of a contract claim arise for venue purposes?

Answer 4

It can arise where the contract was entered into and where it was to be performed.

Question 5

Where is venue proper if the defendant resides outside the U.S.?

Answer 5

Venue is proper in any federal district, unless another defendant resides in the U.S.—then venue must be proper as to that defendant.

Question 6

Where does a human reside for venue purposes?

Answer 6

In the federal district where they are domiciled.

Question 7

Where does a business reside for venue purposes?

Answer 7

In all districts where it is subject to personal jurisdiction for the case.

Question 8

Transfer of Venue: Transfer can only happen within …

Answer 8

within the same judicial system (e.g., from one federal district court to another)

Question 9

What do “transferor” and “transferee” mean?

Answer 9

Transferor is the original court; transferee is the court to which the case is sent.

Question 10

Transfer of venue: Must the transferee court be a proper venue and have PJ over defendant?

Answer 10

Yes, generally both must be true without waiver—unless all parties consent and the court finds cause.

Question 11

Statute #1: Transfer from Proper Venue

When can a case be transferred from a proper venue under statute #1?

Answer 11

For convenience of parties and witnesses and in the interest of justice.

Question 12

Who has the burden in a motion to transfer from proper venue?

Answer 12

The party seeking transfer, usually the defendant.

Question 13

What are the public factors in deciding transfer from a proper venue?

Answer 13

What law applies? Community burden for jury duty Keeping a local dispute in a local court