Venue (law)

Venue (law)

Venue is the location where a case is heard. In the United States, the venue is either a county (for cases in state court) or a district or division (for cases in federal court). Each case can only be brought in certain venues. For instance, in federal diversity cases, the venue can only be (1) the district where any defendant resides if all defendants reside in the same state, (2) the district where a substantial part of the events giving rise to the claim occurred, or (3) the district in which any defendant is subject to personal jurisdiction if there is no district in which the claim can otherwise be brought (usc|28|1391).

Venue is a concept distinct from jurisdiction, which focuses on the "authority" of a court to hear a particular case. However, unlike personal jurisdiction, there is no constitutional requirement for proper venue in order to have a valid judgment.

The general venue statute for United States federal courts is usc|28|1391 with special rules listed in §§ 1392-1413. Venue can be transferred from one federal district to another (usc|28|1404). A case can also be removed from a state court to a federal court. Finally, a case may be dismissed because its venue is harshly "unfair" to one or more parties under a doctrine called "forum non conveniens", often used in cases where the events took place in a foreign country such as "Piper Aircraft Co. v. Reyno", ussc|454|235|1981.

Defendants can waive venue at the time of trial ("Neirbo Co. v. Bethlehem Shipbuilding Corp.", ussc|308|165|1939) or before a claim even arises through contract, such as through a forum selection clause ("Carnival Cruise Lines, Inc. v. Shute", ussc|499|585|1991).


Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • venue — ven·ue / ven ˌyü/ n [Anglo French, place where a jury is summoned, alteration (influenced by venue arrival, attendance) of vinné visné, literally, neighborhood, neighbors, from Old French, ultimately from Latin vicinus neighboring] 1: the place… …   Law dictionary

  • Venue — Ven ue, n. [F. venue a coming, arrival, fr. venir to come, L. venire; hence, in English, the place whither the jury are summoned to come. See {Come}, and cf. {Venew}, {Veney}.] 1. (Law) A neighborhood or near place; the place or county in which… …   The Collaborative International Dictionary of English

  • venue — [ven′yo͞o΄] n. [ME < OFr, a coming, arrival, approach < venir, to come < L venire, COME] 1. Law a) the county or locality in which a cause of action occurs or a crime is committed b) the county or locality in which a jury is drawn and a… …   English World dictionary

  • Venue — The word venue derives from the Latin for to come , and implies a place that people come to. The word may refer to:*A venue as the location for a significant event *Venue (law), place of a trial *Change of venue, moving a trial to a new location… …   Wikipedia

  • Law — /law/, n. 1. Andrew Bonar /bon euhr/, 1858 1923, English statesman, born in Canada: prime minister 1922 23. 2. John, 1671 1729, Scottish financier. 3. William, 1686 1761, English clergyman and devotional writer. * * * I Discipline and profession… …   Universalium

  • venue — (n.) early 14c., a coming for the purpose of attack, from O.Fr. venue coming, from fem. pp. of venir to come, from L. venire to come, from PIE root *gwa to go, come (Cf. O.E. cuman to come; see COME (Cf. come)). The sense of place …   Etymology dictionary

  • venue — is derived from a French word meaning ‘a coming’, which underlies all its English uses. It has several obsolete meanings to do with coming forward in attack (e.g. in fencing) and from the 16c referred to the place where a jury was appointed to… …   Modern English usage

  • venue — /ven yooh/, n. 1. Law. a. the place of a crime or cause of action. b. the county or place where the jury is gathered and the cause tried. c. the designation, in the pleading, of the jurisdiction where a trial will be held. d. the statement naming …   Universalium

  • change of venue — change of venue: a procedure available under title 28 section 1404 of the U.S. Code for the transfer of a case by a court in which the case is brought to another court where the case could have been properly brought and which would be more… …   Law dictionary

  • To lay a venue — Venue Ven ue, n. [F. venue a coming, arrival, fr. venir to come, L. venire; hence, in English, the place whither the jury are summoned to come. See {Come}, and cf. {Venew}, {Veney}.] 1. (Law) A neighborhood or near place; the place or county in… …   The Collaborative International Dictionary of English

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”