Venue, transfer, and forum non conveniens study questions

Basic venue study questions:

  1. Personal jurisdiction generally looks to the territory of states. Is venue measured by states or do we measure venue by federal judicial districts? Recall that many states have multiple federal judicial districts. See page 8 of the casebook.
  2. Can there be more than one place where venue is appropriate? If so, can you think of any examples?
  3. Regarding 28 U.S.C. § 1391(b)(1), (b)(2), and (b)(3): can (b)(1) and (b)(2) both be satisfied in the same case? Can (b)(3) be satisfied if (b)(1) and (b)(2) are satisfied?
  4. What is the purpose of § 1391(c) and (d)? Does it provide a separate basis for venue or does it simply define the term “reside”?
  5. In which district would venue be proper over the President of France?

Transfer & dismissal study questions:

  1. Suppose venue in the District of Alaska is proper but inconvenient. Must the case be litigated in Alaska? See § 1404.
  2. What is the difference between §§ 1404 and 1406? What is the basis for the motion for each statute? Might a litigant seek relief under both 1404 and 1406 (in the alternative)?
  3. Suppose a defendant seeks dismissal for improper venue (see Rule 12(b)(3)). Assume that the court agrees that venue is improper. Must the court dismiss the case? See § 1406.

Forum non conveniens study questions:

  1. What if a suit is filed in California state court and the most convenient court is a federal court in Pennsylvania? What should the court do? Can the California state court transfer pursuant to 1404 or 1406? If not, is there any way for the case to get to the federal court in Pennsylvania without being re-filed?
  2. What if a suit is filed in California state court and the most convenient court is in Scotland? What should the court do? Can the court transfer pursuant to 1404 or 1406?
  3. What remedy or remedies are available under 1404? 1406? What remedy or remedies are available under the doctrine of forum non conveniens?

Updated Sept. 16, 2016