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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.