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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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dasfi0990ut1
18:32
miss ya, worried about u (llama)
fedclerkhopeful
18:33
nope I got the WL
dasfi0990ut1
18:33
fk this cycle.
fedclerkhopeful
18:33
still prolly set on reapplying unless SLS comes in clutch
dasfi0990ut1
18:34
Good on you! LS will always be there. I hope either way it works out- IK it will! Keep ya head up!
fedclerkhopeful
18:34
thank you :)
18:35
is the 50~70% conversion rate for Cornell ii accurate?
dasfi0990ut1
18:35
:)
fedclerkhopeful
18:35
yep
[] ararara
18:36
@fedclerkhopeful: what are your goals?
[] ararara
18:38
You remind me of a friend of mine from back in the day. They came in at the top of their class at a T14 but reapplied before doing this to get HYS. They still didn't get it the second time with perfect stats. That stuff is competitive and what does it matter anyway? Just saying!
18:42
Sometimes I’m like yeah i could work for five years and get into Harvard but that’s sooo much work
18:42
No thank you!
dasfi0990ut1
18:43
@dubiously: same. in 5 years ill either be in prison for fraud or retired in the caymen islands
18:43
This white boy don’t miss u would swear u saw Luka
fedclerkhopeful
19:10
@ararara: appellate clerkship and then civil liberties law
fedclerkhopeful
19:11
And yes, I have near perfect stats and would regret going to a lower tier school when reapplying is a viable option
omelette
19:12
lower tier and its mfing cornell
[] ararara
19:27
Haha didn't realize you were admitted at Cornell not why I'm saying this haha. I've also seen a few people get H and one person get Y the second time around. Hopefully things just work out now but if it doesn't go your way the second time don't worry ✌️ you 🫵 are amazing! For the record though my housemate's friend who graduated from Cornell has an appellate clerkship.
[] ararara
19:28
@dubiously: 💀😵👻
when do we think FSU and UF will have all decisions out
19:37
I know a guy who got an appellate clerkship out of a regional t100. He’s old now but still
dasfi0990ut1
19:43
@dubiously: was it Kansas by chance?
19:44
Of course. Kansas is an appellate clerkship powerhouse
dasfi0990ut1
19:45
KS to the T14 by 2028!
[] ararara
19:47
@FumblingRightfulLemur: I would look back at last cycle ✌️❤️ but also actually wouldn't even pay attention that's usually when it happens haha
rosythecat
20:53
@ararara: your cycle was insane holy hell
rosythecat
20:53
W
Steel2Law1997
20:56
anybody got any tips/stories of going from WL to A?
dasfi0990ut1
21:22
@Steel2Law1997: LOCI, research the school and try to mention specifics of what excites you about the school. Be friendly to adcoms. Try to sit in on virtual sessions/ zooms if possible. If you have any updates (promotion at work, volunteering, etc) send it to them! Godspeeeddd
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