Multistate Bar Examination Practice Question

Alice, a resident of New York, files a federal lawsuit in New York against Bob, who resides in Texas. The incident that gave rise to the lawsuit occurred in Florida, where most of the evidence and key witnesses are located. Bob argues that the venue is improper in New York and requests that the case be transferred to Florida. Under the federal venue statutes, what is the most appropriate action for the New York federal court to take?

  • Keep the case in New York since it is a federal court and has jurisdiction over the matter.

  • Transfer the case to Florida because that is where the incident occurred and evidence is located.

  • Dismiss the case for improper venue and require the plaintiff to file again.

  • Transfer the case to Texas because that is where the defendant resides.

Multistate Bar Examination
Civil Procedure
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