Civil Procedure Multistate Bar Practice Exam

Where may a plaintiff lay venue for a case?

1. Only in the plaintiff's state of residence

2. In any district where all defendants reside

3. Only in the federal district court of the plaintiff's choice

4. In any district where the plaintiff has a business

The correct answer is: In any district where all defendants reside

A plaintiff may lay venue in any district where all defendants reside, which is consistent with the principle that venue should be convenient for the parties involved. This reflects the primary consideration in determining proper venue in civil cases within federal courts, as established by 28 U.S.C. § 1391. It ensures that defendants are not unreasonably burdened by having to defend a case in a distant location. In addition, if the case involves multiple defendants, the venue can be laid in any district where at least one defendant resides if all have sufficient connections to that district. This consideration effectively balances the interests of both the plaintiff and the defendants, promoting fairness in legal proceedings. Other options present limitations that do not align with the established venue laws. For instance, restricting venue solely to the plaintiff's state of residence would be too constrictive, especially when multiple defendants are involved. Indicating that the plaintiff may lay venue only in their chosen federal district court disregards the broader range of locations permissible under the venue statute. Finally, allowing venue solely based on where the plaintiff has a business overlooks the essential aspect of the defendants' residence, which is crucial for determining proper venue. Hence, the correct assertion focuses on the residence of the defendants as the determining factor for