What determines proper venue in an action?

What determines proper venue in an action?

In state actions, proper venue usually depends on where the defendant resides. If the case is to determine the status of real property, or if jurisdiction is based on attached real property (i.e., cases based on quasi-in-rem jurisdiction), the proper venue is usually the county in which that property is located.

Can venue be waived?

Unlike subject matter jurisdiction, defendants may waive their argument that venue is improper. The Federal Rules of Civil Procedure provide that defendants waive a venue defense “that was available to the party” when they omit it from an initial motion to dismiss or fail to include it in a responsive pleading.

Can you dismiss a motion?

A motion to dismiss can be filed at any time, though it is usually a pretrial motion used by the defendant at the beginning of the proceedings.

How is venue determined?

Venue, though, is determined based on where the defendant resides and where the events giving rise to the claim occurred. Not where the plaintiff resides. Given the complete lack of facts justifying venue in California, the court had no difficulty determining that venue was improper in the ED Cal.

When a corporation is the defendant where will the venue be located?

See 28 U.S.C. § 1391(b). Where a defendant is a corporation, the corporation resides in any district in which it is subject to personal jurisdiction at the time the action is brought. This means that a corporation may reside, for venue purposes, in more than one judicial district.

What does venue mean in law?

Venue refers to the county or district within a state or the U.S. where the lawsuit is to be tried. The venue of a lawsuit is set by statute, but it can sometimes be changed to another county or district.

What is the difference between forum and venue?

—Corpus Christi 2008, no pet.), “forum” refers to a sovereign or a state. A provision in a contract stating that disputes must be brought “in the courts of the State of Texas” is therefore a forum-selection clause. “Venue,” by contrast, is the place within a forum where the case will be tried.

How is venue determined in federal criminal cases?

Article III, §2, clause 3 places venue (the geographical location of the trial) “in the State where the said Crimes shall have been committed,” while the Sixth Amendment defines the vicinage (the geographical location of the jurors) as “the State and district wherein the crime shall have been committed, which district …

What are the jurisdiction and venue for libel cases?

For ordinary libel, the venue, where the complainant is a private individual, is limited to only either of two places, namely: where the complainant actually resides at the time of the commission of the offense or where the alleged defamatory article was printed and first published.

What is the penalty for cyber libel?

This is equivalent to imprisonment of four years, two months and one day up to a maximum of eight years. (In general, the penalties for cybercrimes, including cyber libel, are higher by one degree than that for similar crimes when they are not committed through electronic means.)

What is the penalty for libel?

Any person who makes a libel, willfully publishes one or willfully or knowingly aids in the making of a libel may be punished by up to one year in jail and/or a fine of $1,000 (and shall be liable in civil court to the injured party).

Is Cyberlibel bailable?

‘Weaponising the law’ A cyber libel conviction in the Philippines carries a possible imprisonment of six years or more. But it is a bailable offence, allowing those who have been convicted to remain out of jail while the case is under appeal.

How much can I sue for libel?

A judge or jury can award a victorious defamation plaintiff millions for really bad cases, or $1 in compensatory damages if they find that the injury was nominal. However, usually, nominal damages will not be awarded unless the plaintiff’s case is incredibly petty, or punitive damages can also be awarded.

Is social media slander illegal?

There are two main types of defamation: libel, or written defamation, and slander, or verbal defamation. When a potentially defamatory statement is made online or through social media — such as via Facebook or Linkedin — that involves the written (or “posted”) word, and so it is considered libel.