GOVT 407 EXAM FINAL PAPER 2025 QUESTIONS WITH
SOLUTIONS GUARANTEE A+
✔✔28 USC S1391 (b)(3) cont'd - ✔✔catch all venue provision
- ONLY available if there are no districts to support venue under (b)(1) or (b)(2)
- venue req merges w the PJ analysis, and venue is proper anywhere the court has PJ
over any defs
- will rarely apply, bc most causes of action take place in some kind of judicial district
- most likely will occur when the cause of action arises out of an event that transpired
out of the country
✔✔"where the claim arose" formula - ✔✔POTENTIALLY authorizes suit in SEVERAL
DISTRICTS, given that a harm is not always restricted to one location
- ex: where is venue proper?
--products liability (product is from SC)
-- district of SC (district where product was manufactured)
-- western district of VA (district where the injury occurred)
✔✔where is venue proper? (example) - ✔✔- jack (from Chicago) sues Colton (from
lynchburg) for assault and battery which occurred in Williamsburg, VA leaving him
disfigured; where is venue proper?
-- eastern district of VA (where assault occurred)
-- western district of VA (where def resides) OR
-- northern district of IL (where plaintiff resides)
✔✔how do we determine where someone resides? - ✔✔28 USC S1391(c)
✔✔how do we determine where corporations "reside"? - ✔✔28 USC S1391(c)(2)-(d)
✔✔28 USC S1391(c) - ✔✔residency- for all venue purposes
(1) natural persons, shall be deemed to RESIDE in the judicial district in which the
person is DOMICILED
(2) an entity (ie corporation) w the capacity to sue and be sued in its common name
under applicable law, whether or not incorporated, shall be deemed to reside, if a def, in
any judicial district in which such def is subject to the court's PJ w respect to the civil
action in Q
✔✔28 USC S1391(d) - ✔✔residency of corporations in STATES W MULTIPLE
DISTRICTS
- for purposes of venue under this chapter, in a state which has more than one judicial
district and in which a def that is a corp is subject to PJ at the time action is
commenced, such corp shall be deemed to reside in ANY DISTRICT IN THAT STATE
within which its CONTACTS would be SUFFIENCT to SUBJECT IT TO PJ if that district
were a sep state, and if there are no such districts, the corp shall be deemed to reside
in the district within which it has the MOST SIGNIFICANT CONTACTS
, ✔✔when is venue proper? (examples) - ✔✔ex: co incorporated in DE and has
headquarters in SC; plaintiff is resident of Atlanta, GA and is suing the co for failure to
warn, after being injured by dryer in his home
- venue is proper in:
-- district of northern GA (where harm occurred - subject to PJ)
-- district of SC (dryer's HQ)
-- district of DE (co's state of incorporation)
ex: co incorporated in DE, headquartered in atlanta, GA; executes contract in Charlotte,
NC; another co sues them for breach of contract in charlotte
- venue proper in:
-- district of DE
-- district of western NC
-- district of northern GA
✔✔notables - ✔✔- venue must be proper, or waived, in order for a court to adjudicate
the case
- an objection to venue is waived by def if not raised in their rule 12 motion to dismiss or
answer
- parties can also contract for venue by using a "forum selection clause"
✔✔carnival cruise lines inc. v. schute - ✔✔- there are exceptions to the general rule,
found in other statutes
- REMOVAL TRUMPS VENUE- do not do a S1391 analysis when removal is involved
✔✔venue framework - ✔✔- who are the defs?
- where do they "reside"?
-- person: domicile (district)
-- corporation: personal juris (district)
--- state of incorporation (if one district in the state)
--- location of PJ or most significant contacts (if multiple districts in the state)
--- principal place of biz (district)
- where did it all happen?
-- district where the claim arises or where the property is located
- where is there PJ?
-- if no district is found in steps 2-3, then any district that has PJ over the def
✔✔the "three rings" of forum - ✔✔- SMJ, PJ, & venue
- "reside" under venue is not exactly the same as "domicile" for PJ
✔✔joinder - ✔✔the uniting of parties or claims in a single lawsuit
✔✔where does the civ pro come from ? - ✔✔- us const - article III (supreme)
- 28 USC (mandatory)
SOLUTIONS GUARANTEE A+
✔✔28 USC S1391 (b)(3) cont'd - ✔✔catch all venue provision
- ONLY available if there are no districts to support venue under (b)(1) or (b)(2)
- venue req merges w the PJ analysis, and venue is proper anywhere the court has PJ
over any defs
- will rarely apply, bc most causes of action take place in some kind of judicial district
- most likely will occur when the cause of action arises out of an event that transpired
out of the country
✔✔"where the claim arose" formula - ✔✔POTENTIALLY authorizes suit in SEVERAL
DISTRICTS, given that a harm is not always restricted to one location
- ex: where is venue proper?
--products liability (product is from SC)
-- district of SC (district where product was manufactured)
-- western district of VA (district where the injury occurred)
✔✔where is venue proper? (example) - ✔✔- jack (from Chicago) sues Colton (from
lynchburg) for assault and battery which occurred in Williamsburg, VA leaving him
disfigured; where is venue proper?
-- eastern district of VA (where assault occurred)
-- western district of VA (where def resides) OR
-- northern district of IL (where plaintiff resides)
✔✔how do we determine where someone resides? - ✔✔28 USC S1391(c)
✔✔how do we determine where corporations "reside"? - ✔✔28 USC S1391(c)(2)-(d)
✔✔28 USC S1391(c) - ✔✔residency- for all venue purposes
(1) natural persons, shall be deemed to RESIDE in the judicial district in which the
person is DOMICILED
(2) an entity (ie corporation) w the capacity to sue and be sued in its common name
under applicable law, whether or not incorporated, shall be deemed to reside, if a def, in
any judicial district in which such def is subject to the court's PJ w respect to the civil
action in Q
✔✔28 USC S1391(d) - ✔✔residency of corporations in STATES W MULTIPLE
DISTRICTS
- for purposes of venue under this chapter, in a state which has more than one judicial
district and in which a def that is a corp is subject to PJ at the time action is
commenced, such corp shall be deemed to reside in ANY DISTRICT IN THAT STATE
within which its CONTACTS would be SUFFIENCT to SUBJECT IT TO PJ if that district
were a sep state, and if there are no such districts, the corp shall be deemed to reside
in the district within which it has the MOST SIGNIFICANT CONTACTS
, ✔✔when is venue proper? (examples) - ✔✔ex: co incorporated in DE and has
headquarters in SC; plaintiff is resident of Atlanta, GA and is suing the co for failure to
warn, after being injured by dryer in his home
- venue is proper in:
-- district of northern GA (where harm occurred - subject to PJ)
-- district of SC (dryer's HQ)
-- district of DE (co's state of incorporation)
ex: co incorporated in DE, headquartered in atlanta, GA; executes contract in Charlotte,
NC; another co sues them for breach of contract in charlotte
- venue proper in:
-- district of DE
-- district of western NC
-- district of northern GA
✔✔notables - ✔✔- venue must be proper, or waived, in order for a court to adjudicate
the case
- an objection to venue is waived by def if not raised in their rule 12 motion to dismiss or
answer
- parties can also contract for venue by using a "forum selection clause"
✔✔carnival cruise lines inc. v. schute - ✔✔- there are exceptions to the general rule,
found in other statutes
- REMOVAL TRUMPS VENUE- do not do a S1391 analysis when removal is involved
✔✔venue framework - ✔✔- who are the defs?
- where do they "reside"?
-- person: domicile (district)
-- corporation: personal juris (district)
--- state of incorporation (if one district in the state)
--- location of PJ or most significant contacts (if multiple districts in the state)
--- principal place of biz (district)
- where did it all happen?
-- district where the claim arises or where the property is located
- where is there PJ?
-- if no district is found in steps 2-3, then any district that has PJ over the def
✔✔the "three rings" of forum - ✔✔- SMJ, PJ, & venue
- "reside" under venue is not exactly the same as "domicile" for PJ
✔✔joinder - ✔✔the uniting of parties or claims in a single lawsuit
✔✔where does the civ pro come from ? - ✔✔- us const - article III (supreme)
- 28 USC (mandatory)
