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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