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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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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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