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Simple English definitions for legal terms

forum non conveniens

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A quick definition of forum non conveniens:

Forum non conveniens is when a court decides not to hear a case because another court would be better suited to handle it. This can be requested by the defendant or decided by the court. The court considers factors like access to evidence and witnesses, enforceability of judgment, and local interest. The defendant must offer an alternate court that can provide a remedy to the plaintiff. If the court grants a forum non conveniens dismissal, the plaintiff can re-file the case in the more appropriate forum. The Supreme Court has set guidelines for this doctrine, but lower courts have some discretion in applying them.

A more thorough explanation:

Definition: Forum non conveniens is a legal term that refers to a court's power to decline jurisdiction over a case if another court is more convenient to hear it. This doctrine can be invoked by the defendant or the court itself. The court will not dismiss a case on forum non conveniens grounds unless there is another forum that could hear the case and potentially recover damages. Additionally, courts will not grant a forum non conveniens dismissal where the alternative forum's judicial system is grossly inadequate.

Example: A plaintiff files a lawsuit in a U.S. court against a foreign company for a breach of contract that occurred in a foreign country. The defendant argues that the case should be dismissed on forum non conveniens grounds because the foreign country's court is a more appropriate forum to hear the case. The U.S. court agrees and dismisses the case, allowing the plaintiff to re-file the case in the foreign country's court.

Explanation: This example illustrates how a defendant can invoke forum non conveniens to have a case dismissed if another court is more convenient to hear it. In this case, the foreign country's court is a more appropriate forum because the breach of contract occurred there, and the foreign company is based there. The U.S. court dismisses the case, allowing the plaintiff to re-file the case in the foreign country's court.

Example: A plaintiff files a lawsuit in a U.S. court against a foreign company for a breach of contract that occurred in a foreign country. The defendant argues that the case should be dismissed on forum non conveniens grounds because the foreign country's court is a more appropriate forum to hear the case. However, the foreign country's court has a history of corruption and is not a fair forum for the plaintiff. The U.S. court denies the defendant's motion to dismiss on forum non conveniens grounds.

Explanation: This example illustrates how a court will not grant a forum non conveniens dismissal if the alternative forum's judicial system is grossly inadequate. In this case, the foreign country's court has a history of corruption and is not a fair forum for the plaintiff. The U.S. court denies the defendant's motion to dismiss on forum non conveniens grounds, allowing the case to proceed in the U.S. court.

Conclusion: Forum non conveniens is a legal doctrine that allows a court to decline jurisdiction over a case if another court is more convenient to hear it. The court will not dismiss a case on forum non conveniens grounds unless there is another forum that could hear the case and potentially recover damages. Additionally, courts will not grant a forum non conveniens dismissal where the alternative forum's judicial system is grossly inadequate.

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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