SMJ, PJ, and venue compared

The differences between SMJ, PJ, and venue

Recall the differences between subject-matter jurisdiction, personal jurisdiction, and venue.

SMJ (subject-matter jurisdiction) exists when a court system has the power to hear a certain type of case, as measured by the nature of parties (diversity) or the nature of the controversy (e.g., federal question, patent, etc.). SMJ cannot be consented to or waived, and a court must raise the issue of SMJ sua sponte if SMJ appears to be lacking. If diversity or federal question (or some other flavor of original) SMJ exist, then any federal district court would have SMJ. This is because SMJ is measured for the court system, and not for an individual court within that system.

PJ (personal jurisdiction) gives a court power to enter a valid and enforceable judgment over a person or property. It is measured geographically, typically by state borders. Unlike SMJ, an objection to PJ can be waived and PJ can be consented to.

Venue is the determination of where within a court system a trial can take place. So the question of proper venue in Florida state courts would ask which of Florida’s trial court or courts could hear a case, and in federal court would be the question of which of the 94 federal district courts would be a proper place or places for trial.

To know which forum or fora may be proper you must consider all three: SMJ, PJ, and venue. Note that oftentimes a lawsuit can plausibly be filed in more than one court system, and in more than one place.

	Subject-matter jurisdiction	Personal jurisdiction	Venue
Basic idea	Whether the court system has constitutional and statutory power to hear the civil action, as measured either by the nature of the parties (diversity) or the nature of the suit (federal question).	Whether the court (whether state or federal) has power to enter a valid and enforcement judgment against a particular D or particular property.	Where within a court system should trial take place?
Can a defect be waived	No. SMJ cannot be consented to or waived. The court has the obligation to examine its own SMJ sua sponte.	Yes. Failure to properly and timely object to a defect in PJ waives any such objection.	Yes. Failure to properly and timely object to a defect in venue waives any such objection.
Basis for requirement	Constitution: Article III Statutes: original jurisdiction statutes such as 1331, 1332, 1338, etc.	Constitution: Fifth Amendment (federal court) Fourteenth Amendment (state court) Statutes or rules: FRCP 4(k) (federal court) State long-arm statutes	Constitution: none Venue statutes such as 1390, 1391, others State court systems have their own venue laws.
Examples	Original jurisdiction examples: Federal question jurisdiction: 28 U.S.C. § 1331 Diversity jurisdiction: 28 U.S.C. § 1332 Patent, copyright, trademark, plant variety: 28 U.S.C. § 1338 Removal jurisdiction: Requires original jurisdiction 28 U.S.C. § 1441 Supplemental jurisdiction: Requires original jurisdiction Requires sufficient relationship between original and supplemental claims 28 U.S.C. § 1367	There will be PJ so long as: 1) an authorizing law grants PJ such as FRCP 4(k) or a state long-arm; and 2) the Constitution does not bar PJ. Examples of laws authorizing PJ: State long-arms (whether enumerated or unenumerated); Federal Rule of Civil Procedure 4(k) (including 4(k)(1)(A), which looks to state long-arms) Examples of Constitutional tests. Only one basis needs to be satisfied: Minimum contacts Waiver/consent Domicile Tag Property (see Shaffer)	1391(b)(1): where all Ds reside in same state, venue ok in any district where at least one D resides. Note that “residence” is defined in 1391(c) and (d). 1391(b)(2): look to where substantial events, omissions, or property gave rise to the claim 1391(b)(3): fallback venue

Posted Sept. 16, 2016