What law applies in the transferee court when a venue transfer is based on improper venue?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

When a venue is transferred due to improper venue, the law that applies in the transferee court is the law of the state in which the transferee court is located. This principle is grounded in the notion that once a case is moved to a different court, that court's laws govern the proceedings.

This is particularly relevant in federal cases where, according to 28 U.S.C. § 1446 and local rules, the receiving court adopts the substantive law of its jurisdiction to maintain consistency and fairness in the application of legal principles. Therefore, the transferee court will apply the decisions and statutes of the state in which it resides, ensuring that the legal context remains appropriate to the local jurisdiction and authority.

Other options do not hold because they reference either the original court's law, which loses relevance with the transfer, or contexts that may not apply sufficiently to the new venue's governing law.

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