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Simple English definitions for legal terms

forum selection clause

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A quick definition of forum selection clause:

A forum selection clause is a part of a contract that says which court will decide a legal dispute if there is one. It helps to make sure that the court has the power to make a decision and that it is in the right place. In the past, courts did not always follow these clauses, but now they usually do. However, there are some exceptions, like if there is fraud or if the clause is not fair. In patent cases, the court can only be in certain places.

A more thorough explanation:

A forum selection clause is a part of a contract that says which court and location will decide any legal disputes that may arise between the parties. It helps establish the court's power over the parties and the physical location where the court will exercise its power.

For example, if two companies from different states sign a contract that includes a forum selection clause stating that any disputes will be resolved in a court located in New York, then if a dispute arises, they will have to go to court in New York.

Historically, courts have been hesitant to enforce forum selection clauses, but recent cases have given them more weight. The Supreme Court has ruled that a forum selection clause should be given "controlling weight" in most cases, meaning that the parties will have to go to the court and location specified in the clause unless there are compelling reasons not to.

One example of a case involving a forum selection clause is Carnival Cruise Lines Inc. v. Shute. In this case, the Supreme Court upheld a forum selection clause contained in a form contract, meaning that the parties had not negotiated the clause. However, the Court also stated that form contracts are subject to judicial scrutiny for fundamental fairness. This means that if the forum selection clause is unfair or inconvenient for one party, the court may not enforce it.

Another example is Future Industries of America v. Advanced UV Light, where the court upheld a forum selection clause and a choice-of-law clause in a contract, even though the defendant had breached the contract. The court found that the clauses were valid and enforceable because they had been communicated to the parties and covered the claims and parties involved in the dispute.

In summary, a forum selection clause is a contractual agreement that designates the court and location where legal disputes will be decided. Recent cases have given them more weight, but courts will still scrutinize them for fairness and may not enforce them if they are unreasonable or unjust.

forum non conveniens | forum shopping

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10:36
also my softs are bordering t3-t2. would it be worth for me to R+R if im trying for t4
soap
10:36
Maybe see where you get in, then R&R if you feel it’s necessary?
m10
10:36
Psyop guys will try and convince you they are like secret masterminds. I had this one guy whose wife would call me every week and she would tell me about how her husband just like disappeared and could not be found cus he was a specialy trained psyop officer. I found his phone number and called him the same day online. That woman was gaslit so hard.
babycat
10:37
is t4 HYSC? yeah prob your odds are not too great for those with 3.7 and 171 unless you’re really extraordinary
WorthlessAttractiveZombie
10:37
I agree with soap on this one, just wait it out and see where you get into. You could always transfer (although I wouldn't go in with the intention of transferring)
soap
10:37
Transferring is hard and you don’t get money. I wouldn’t do anything with the intent of transferring
Disagree with the transfer. But, yeah a 3.7, 171 is not HYSC material—so unless you’re a Rhodes scholar, or something it is highly unlikely.
JumpySubsequentDolphin
10:38
did he mean t14
JumpySubsequentDolphin
10:38
I’ve never heard anyone call it t4 hahah
JumpySubsequentDolphin
10:39
I thought it was always t6 and t3
soap
10:39
If you’re aiming for T14, that’s definitely doable
10:39
nah t4 is a thing, maybe old ive been on lsa and lsd for like 4 years now lol
m10
10:39
Fuck this all reminds me. I got to call and see if I am still being deposed.
JumpySubsequentDolphin
10:40
@Mostlylegal: oh oops hehe
BulbasaurNoLikeCardio
10:40
@m10: most of PSYOP are guys who failed SFAS and Ranger so much so they can't go back and think being SOCOM makes them SF. I loved the cultural side of it all, going to embassies and running influence operations. Doing KLEs and training with foreign militaries was amazing. Learned so much about the world by talking to those who live all over it. Then got lucky and worked with a Marine HIT overseas and would tag along when they kidnapped people to do some stuff lol The rest of the time was a lot of reports and KLEs
babycat
10:40
t4 is a concept being perpetuated by Big Chicago
soap
10:41
Chicago rejected me in undergrad, so I have beef
shaquilleoatmeal
10:41
Was there an hls ii wave yesterday?? Didn’t go online at all and feel out of the loop lmfao
m10
10:42
@BulbasaurNoLikeCardio: Did not know that but it makes sense. That sounds like a cool career. I would have liked to have done that too. I really would have just liked to have gone OCONUS once.
m10
10:44
I was talking to this 88H in a bar last weekend and he had some wild story about being interrogated by the FBI and CIA and shit to get a top-secret clearance or something so he could drive a forklift around Europe, Korea, and Africa. It sounded like a bunch of bullshit to me but do you know if something like that could be true?
babycat
10:45
@shaquilleoatmeal: yeah so I’ve heard
i don't know any of this military talk but i was going to be a combat medic or trauma surgeon for so long before i went this track lol, so my only exposure is seriously looking and visiting places like west point for recruitment lol. i speak russian so everyone always told me that raises your chances at those places lol
my brother is a combat medic too
BulbasaurNoLikeCardio
10:46
@m10: was a great career, the main job is being a cultural expert building rapport and relationships with foreign nationals, militaries and even people hostile to make the area safer and at times bring in the ODAs or three letter guys to train, arm and fund them to aid in their(our) cause. OCONUS is great but not necessary, I only did two real deployments but a lot of missions to places. That is all 110% BS. I have a TS-SCI, worked with federal agencies they do nothing crazy like that.
shaquilleoatmeal
10:47
Damn - 3rd invite missed smh no love for me from hls
m10
10:49
@jackfrost11770: That's like a huge pitfall. People say it's easy to get into like med school or law school through West Point and it is not at all. Yeah, Russian would make you very valuable to them. You will see West Point people in law school but that's very few compared to how many went through the prelaw program there. Best just to enlist and become a combat medic. I've seen like 4 of em here anyway so you didn't really miss anything by going straight to law school.
BulbasaurNoLikeCardio
10:49
I "speak" Dutch but never used it after training back in 2012. Russian is great if you can get into INTEL but outside of that they would just assign you a lot of NATO roles if you go EUCOM. If you go Jag it may score you a nice job in Europe but at this point with the lack of benefits the military would give you just go state department as an attorney and you will travel the world.
m10
10:50
@BulbasaurNoLikeCardio: Oh yeah, I get that. My buddy just got back from Jordan and he gained like 25 lbs there just being a fat ass doordashing for 50 cents a delivery.
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