Venue & Forum Non Conveniens
Civil Procedure · Lesson 03
Venue & Forum Non Conveniens
這一課問的是：審判地是否適當？即便適當，法院是否應因非便利之審判地而駁回？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Is venue proper — and even if so, should the court dismiss for forum non conveniens?
這一課問的是：審判地是否適當？即便適當，法院是否應因非便利之審判地而駁回？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
venue
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Geographic district where the case may be heard.
審判地。
§1391
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General federal venue statute.
§1391。
residence venue
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District where any defendant resides if all Ds in same state.
居所審判地。
events venue
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District where substantial events occurred or property located.
事件審判地。
§1404 transfer
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Transfer for convenience to another district where action could have been brought.
§1404 轉移。
§1406
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Transfer or dismiss improper venue.
§1406。
forum non conveniens
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Dismiss to allow case in more appropriate non-US forum.
非便利地。
Issue · what this lesson is really about
Is venue proper — and even if so, should the court dismiss for forum non conveniens?
這一課問的是：審判地是否適當？即便適當，法院是否應因非便利之審判地而駁回？
Trigger words & phrases that should flag this issue:
venuetransferconvenienceforum non convenienswitnesses
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply §1391 | Venue proper where any D resides (if all in same state) OR where events occurred. | §1391：D 居所 或 事件地。 |
| Apply §1404 | Court may transfer for convenience to another district where action could have been brought. | §1404 可轉移。 |
| Apply FNC | FNC dismisses to allow case in more appropriate non-US forum. | FNC 駁回以便他國法院。 |
Rule Sentence · the workhorse
Federal venue is proper under §1391 in any district where any defendant resides (if all defendants reside in the same state) or in any district where a substantial part of the events occurred; a court may transfer for convenience under §1404, transfer or dismiss for improper venue under §1406, or dismiss for forum non conveniens.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人plaintiff (and movant for transfer)原告（與聲請轉移人）
Act 行為filing or moving to transfer起訴或聲請轉移
Object 對象federal district聯邦地區
Standard 法律標準§1391 + §1404/§1406 + FNC§1391 + §1404/§1406 + FNC
Consequence 後果venue or transfer/dismissal審判地、轉移、或駁回
Casebook Snapshot · a real American case
Piper Aircraft Co. v. Reyno
Holding. A district court may dismiss for forum non conveniens even though the law in the alternative forum is less favorable to the plaintiff, so long as the alternative forum is adequate and the public/private interest factors favor dismissal.
Why it matters. Piper made FNC a meaningful filter — courts can decline transnational cases even where US law would help the plaintiff.
Piper：FNC 即便外國法不利原告亦可駁回。
Common Mistakes · what trips students
✗ venue 與 PJ 是同一個東西。
✓ Distinct: PJ is over defendant; venue is geographic.
PJ 對人；venue 為地理。
✗ §1404 transfer 適用於外國。
✓ §1404 only domestic; FNC for foreign.
§1404 限國內；FNC 用於外國。
Mini IRAC · build the Application
Issue. May P, a Texas resident, bring suit in S.D.N.Y. against three corporate defendants — one resident in NY, one in CT, one in CA?
Rule. Federal venue is proper under §1391(b)(1) in any district where any defendant resides only if all defendants reside in the same state; otherwise venue may lie under §1391(b)(2) where a substantial part of the events occurred.
Application (model). D-1 resides in NY; D-2 in CT; D-3 in CA. Because §1391(b)(1) requires all defendants to reside in the same state for residence-based venue and the defendants here reside in three different states, the fact that the defendants are not all residents of one state means §1391(b)(1) cannot supply venue.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, venue in S.D.N.Y. is improper under §1391(b)(1); P must establish venue under §1391(b)(2) (events) or §1391(b)(3) (fallback).
MBE Check · multiple choice
P sues D in E.D. Cal. for a contract dispute. Both parties agree the case would be more conveniently tried in S.D.N.Y. and could originally have been brought there. Can the court transfer?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: