Jurisdiction, Venue, and Forum
Venue and Forum
Plaintiffs select among available forums based on procedural rules, substantive law, jury pools, and docket speed. Defendants respond through removal, transfer, and forum non conveniens.
The practice is lawful within jurisdictional constraints.
Alternative Names:
Forum Selection Strategy|Venue Shopping
Why it Matters?
Choice of law rather than the courthouse frequently drives the selection, since a forum applying favorable substantive law on damages caps, comparative fault, or collateral source produces a materially different outcome regardless of the jury pool. Transfer under Section 1404 carries the transferor's choice of law rules in diversity cases, which means transfer may relocate the trial without changing the applicable law.
Frequently Confused with
Related terms
Frequently asked questions
What drives forum selection most?
Does transfer change the applicable law?
