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Unformatted text preview: VenueWhere you try the case, and in which court you bring suit. Proper Venue Under 1391 1) Venue provides a more precise geographical location for a suit than does personal jurisdiction. a) 1391(a) deals with venue requirements for Diversity Jurisdiction b) 1391(b) deals with venue requirements for Federal Question 2) How to determine residency a) People i) Majority Ruleresides means domicile ii) Minority Ruleresides means residence b) Corporate Residence = any district in which the corporation is subject to personal jurisdiction (USC 1391(c)) i) Place of incorporation ii) Principle place of business iii) States with multiple districts: (1) Apply Minimum Contacts test c) Aliens may be sued in any district see 1391(d) 3) Whether venue is proper under 1391(a),(b) summarized below Basis for Venue SMJ: Diversity 1332 SMJ: Federal Question 1331 District where any resides if all reside in same state (where does a corporation reside? 1331(c)) 1391(a/b)(1) Yes Yes Location of substantial part of events or omissions giving rise to the claim, etc....
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- Spring '08