Civil Procedure Multistate Bar Practice Exam

For venue purposes, how is it determined where a human defendant resides?

1. In any state where the defendant has visited

2. In the federal district where the defendant is domiciled

3. In any district where the defendant owns property

4. In the district where the case was filed

The correct answer is: In the federal district where the defendant is domiciled

For venue purposes, the determination of where a human defendant resides is based on the principle of domicile. Domicile refers to the place where a person has their permanent home and to which they intend to return. In the context of federal law, a defendant is considered to reside in the federal district where they are domiciled. This means that regardless of where the defendant may temporarily be or travel within the United States, their residence for venue purposes is anchored in their established and recognized permanent home. This definition is crucial because it ensures that venue is appropriate in a location where the defendant has a meaningful connection. The other options do not accurately capture this legal principle. For example, the mere act of visiting a state does not establish residence, nor does ownership of property alone create venue; a property owner could live elsewhere. Similarly, the district where the case was filed may not necessarily align with the defendant's domicile, which is a requirement for proper venue in many cases. Thus, recognizing that the federal district corresponding to the defendant's domicile is the key factor for determining residence in terms of venue is essential.