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    Venue and jurisdiction are properly determined based on where the plaintiff resides, where a substantial part of the contract was performed, or the location of the defendant's business. For two cases brought by LSI and OGI against Frieda, the document analyzes whether the municipal courts in the first, second, and third counties would be the proper venues and have personal and subject matter jurisdiction. It determines that the second county municipal court would be the proper venue and have jurisdiction for both cases, as Frieda resides in the first county, the contract work was performed in the second county, and Frieda has no contacts with the third county.

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    Venue and jurisdiction are properly determined based on where the plaintiff resides, where a substantial part of the contract was performed, or the location of the defendant's business. For two cases brought by LSI and OGI against Frieda, the document analyzes whether the municipal courts in the first, second, and third counties would be the proper venues and have personal and subject matter jurisdiction. It determines that the second county municipal court would be the proper venue and have jurisdiction for both cases, as Frieda resides in the first county, the contract work was performed in the second county, and Frieda has no contacts with the third county.

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    8 views1 page

    Civ Pro Homework

    Uploaded by

    YoungSilk
    Venue and jurisdiction are properly determined based on where the plaintiff resides, where a substantial part of the contract was performed, or the location of the defendant's business. For two cases brought by LSI and OGI against Frieda, the document analyzes whether the municipal courts in the first, second, and third counties would be the proper venues and have personal and subject matter jurisdiction. It determines that the second county municipal court would be the proper venue and have jurisdiction for both cases, as Frieda resides in the first county, the contract work was performed in the second county, and Frieda has no contacts with the third county.

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    © All Rights Reserved
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    of 1

    Civil Procedure Feb 2008

    Damon Young

    Was venue proper?

    Venue is where the action can be properly brought. Venue is proper if the plaintiff resides in that district,
    a substantial part of the contract was performed, or where the business location is.

    1. LSI
    Here Frieda has contracted as an individual so First County would be a proper place to have the action.
    LSI’s headquarters are located in Second County, assuming the design plans were planned and created
    there would be a proper venue.

    Therefore the municipal court does not have jurisdiction and therefore it would not be the proper venue.

    2. OGI v Hotel
    The work was performed in Second County at the hotel which is also in Second County. Frieda resides in
    First County and runs the hotel out of her home. There were no other relevant elements performed in
    Third County.

    Therefore, Third County was not the proper venue for this action.

    3 & 4. Personal and Subject Matter Jurisdiction


    Does Second County and Third County have both Personal and Subject matter jurisdiction over Frieda to
    grant their motions for default judgment?

    The sum has to be between $1000 and $14,999 for a Municipal court to have Subject matter jurisdiction.

    What exactly does exclusive of interests and cost mean in comparison to an amount plus interest when
    the amount is the maximum amount allowed?

    Common Pleas is less than $500. To have personal jurisdiction the case must be filed where the
    defendant resides, where a substantial part of the contract took place, or where the long arm statute’s
    elements are met. The long arm statue gives personal jurisdiction to an out of state place where the
    defendant could reasonably believe he could be hailed into court.

    LSI’s & OGI’S breach of contract actions were both for $15,000 + interest.

    The design plans were created and planned in Second County.

    Frieda has no contacts with Third County and it is in Ohio.

    Therefore Neither Second County or Third County would have subject matter jurisdiction. Second County
    would have personal jurisdiction over Frieda.

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