My experience is that getting the "wrong" venue can dramatically affect the outcome of just about any case. Hence the perceived value of "forum shopping".

Kurt S. Schulzke, JD, CPA, CFE 
Associate Professor of Accounting & Business Law 
Director - Law, Ethics & Regulation 
Corporate Governance Center 
Kennesaw State University 
+ 1-470-578-6379 (O) 
+ 1-404-861-5729 (C)
LinkedIn: http://www.linkedin.com/in/kurtschulzke/  

----- Original Message -----
From: "Sharon Yamen" <[log in to unmask]>
To: [log in to unmask]
Sent: Monday, April 25, 2016 1:40:15 PM
Subject: Re: Venue and jurisdiction


Or perhaps teach it in Steps, where Venue is the last to be determined and that if you get the wrong venue it doesn't effect the outcome of the case, but if you have the wrong JD it will. 


I usually- first ask if there is a fed ques and then if no, decide whether there is Diversity, if yes then concurrent, if no then has to go to the state and then you decide which state and then once that is determined, you go to Venue. 


Hope that helps. 


Sharon 

Sent from my iPhone 

On Apr 25, 2016, at 10:38 AM, Daniel Warner < [log in to unmask] > wrote: 







Hi Colleagues, 



No matter how carefully I explain the difference between venue and jurisdiction, when I ask a question about it on a test, the students almost always want to say, for example, “The jurisdiction is California because that’s where the defendant resides and the incident occurred. “ But “where the defendant resides or the incident occurred” is the test for venue (civil case), not jurisdiction. 



And yet, since the test for jurisdiction is “minimum contacts,” and the defendant does have minimum contacts with California if that’s where she resides and where the incident occurred, then to use the “resides or occurs” test for jurisdiction doesn’t seem wrong, either. 



Any suggestions (aside from what one adjunct said, which was, “I just gave up mentioning venue.”) 



Thank you, 



Dan 




Daniel M. Warner 

Professor, Department of Accounting 

(Business Legal Studies) 

MS 9071 

Western Washington University 

516 High St. 

Bellingham, WA 98225 

(360) 650-3390