What's the difference between a section 1404 change of venue and a forum non conveniens dismissal?
2007-10-27 12:49:33 · 4 answers · asked by student 3 in Politics & Government ➔ Law & Ethics
forum non-conviniens is saying there is a better venue where the case could be held because the withnesses etc are somewhere else but unfortunately the other place is a different court system i.e a foreign country so the case cannot be transferred it has to be dismissed. On the other hand, 1404 is the same thing, there is a better venue and it is the same court system so you are telling the court to transfer the case i.e federal court in connecticut to newyork. Courts weigh plaintiff's factors against defendant's factors. i.e where is plaintiff from ? where did accident happen ? where are defendants from etc. Hope this helps , read up more !!
2007-10-28 06:58:45 · answer #1 · answered by adeyemi a 1 · 0⤊ 0⤋
Duh!
Venue has to do more with the ability of a court to put on a fair trial. We change venue in order to try to get an unbiased jury (a jury who hasn't been tainted by local news stories).
However, forum non conveniens, deals with other issues such as how difficult it would be for a case to be tried in a given court due to the witnesses living too far away, etc.
Again, Duh!
2007-10-27 14:39:02 · answer #2 · answered by http://www.wrightlawnv.com 4 · 0⤊ 0⤋
Get out your Black's and read the definition of Forum Non Conveniens.
(It has to do with subject matter....)
2007-10-27 13:34:37 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
Don't know about that, but I can tell you that the Latin phrase, Illegitimi non corborundum, means Don't let the bástárds wear you down.
2007-10-27 13:00:28 · answer #4 · answered by Marc X 6 · 0⤊ 1⤋