We start this module by exploring venue. In the United States (unlike some other jurisdictions), venue is distinct from jurisdiction. In contrast to both subject-matter and personal jurisdiction, venue is not anchored in the U.S. Constitution. Rather, it is a statutory concept that determines—once we have proper subject matter jurisdiction and personal jurisdiction—where the case should be located. In other words, venue is a geographic determination. So, think of venue like a possible vacation. There are probably a number of places where you would like to vacation. Venue is similar in that there can be more than one proper place of venue. The key is to determine which venue is proper and then to determine which of those is the best.

Also, if you are a bit rusty on how states are divided into districts in our federal court system, go back and visit the Federal Court System Quiz for a quick refresher. I, too, still have to look at the map included in that quiz. So, at the very least, make sure you have that map handy.

In the second part of this class, we will (re-)turn to the basics of due process and its violations. The due process clauses of the Fifth and Fourteenth Amendment requires the government, when depriving individuals of their life, liberty, or property, to follow certain procedural guidelines—be it in in criminal procedure, in administrative law, or in civil procedure. In the latter realm of civil litigation, due process becomes especially crucial in three dimensions: Defendants must have opportunity to be heard (as discussed this and next week). They must obtain sufficient notice through service of the complaint (as explored in week 6 and directly connected to personal jurisdiction discussed in the last two weeks). And perhaps they need access to counsel (as we will debate during the second in-person weekend).

So, which process is due? The Supreme Court has developed the “Mathews Test” in the Mathews v. Eldridge case, which we will discuss this week in the context of hearings. When deciding which, and how much, procedural safeguards to afford in a specific case, governments and courts need to balance three distinct factors: “first, the private interest that will be affected by the official action; second, the risk of erroneous deprivation of such interest through the procedures used, and probable value, if any, of additional or substitute procedural safeguards; and, finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail.”

Asynchronous Work—Due Tuesday, Sept. 23

Complete by Tuesday at 10 pm:

Re Venue:

Read LCP 169-90 (Venue).
Read 28 U.SC. §§ 1391 (a)-(d), 1404, and 1406
Watch Venue Video and solve the Embedded Venue Quiz.
Complete the separate Venue MCQ Quiz.

Remember to submit the Weekly Group Check-In.

Synchronous Online Meeting—Thursday, Sept. 25, at 6 pm

Via Zoom, same link as usual.

Complete before class:

Re Due Process & Hearing:

Read LCP 159-65 (Hearing).
Read Fifth and Fourteenth Amendment to the U.S. Constitution.
Read Goldberg v. Kelly and be prepared to discuss in class.
Read Sniadach v. Family Finance Corp. of Bay View and be prepared to discuss in class.
Read Matthews v. Eldridge and be prepared to discuss in class.

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