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Venue is concerned with the geographical location of the court where a lawsuit is commenced. 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 28 U.S.C. § 1391 with special rules listed in §§ 1392-1413.
This personal jurisdiction is specific to the act, and a party cannot be sued for unrelated activity. In many instances, state long-arm statutes extend personal jurisdiction to the extent allowed by the U.S. Constitution. There are two kinds of personal jurisdiction, general and specific jurisdiction: [2]
The timing for the filing of a motion objecting to venue depends on the level of court in which the case has been brought. An objection to venue in the Virginia Circuit Court must be filed (actually physically received in the clerk's office) within 21 days of service of process, absent a general extension of time from the court to file a responsive pleading.
If the person cannot be made a party for any reason, such as lack of jurisdiction, inability to be located, etc., then the court uses the criteria in subsection (b) to determine if the absent party is "indispensable". If so, the action must be dismissed. Rule 20 Permissive Joinder of Parties.
Venue and territorial jurisdiction are closely related for practical purposes. A change of venue may be sought either within the territorial jurisdiction of a court, or with the consent of the receiving jurisdiction and the parties, within the jurisdiction of another court, provided it has jurisdiction over the same laws.
Jurisdiction (from Latin juris 'law' + dictio 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice.In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal).
The court must balance convenience against the plaintiff's choice of forum. In other words, if the plaintiff's choice of forum was reasonable, the defendant must show a compelling reason to change jurisdiction. If a transfer would simply shift the inconvenience from one party to the other, the plaintiff's choice of forum should not be disturbed.
A jurisdiction is an area with a set of laws and under the control of a system of courts or government entity that is different from neighbouring areas. [1] [2] [3] Each state in a federation such as Australia, Germany and the United States forms a separate jurisdiction. However, certain laws in a federal state are sometimes uniform across the ...