MBE Rules · Civil Procedure
Venue (§1391)
28 U.S.C. §1391
The rule
Venue lies (1) in a district where any defendant resides if all reside in the same state, (2) in a district where a substantial part of the events occurred, or (3) (fallback) any district where any defendant is subject to PJ. Corporate residence = any district where it has minimum contacts.
In plain English
Venue is about where a lawsuit can be filed. It can be where the defendant lives, where the main events happened, or where the defendant has enough connection to the area.
Worked example
A company based in District X sells a faulty product in District Y, causing harm there. The buyer can sue in District Y because that's where the problem occurred.
Memory hook
Venue Vibes: Where they live, where it happened, or fallback fix. Check defendant's home, event's scene, or PJ reach.
The trap
Students think: Venue is always where the plaintiff lives. Wrong, because venue focuses on defendants. The actual test is defendant's residence or where events occurred.
How examiners test it
The MBE loves: multiple defendants in different states. Trap: assuming venue is proper in plaintiff's district. Focus on where defendants reside or events happened.
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