The following content is considered nonlegal and nonbinding OPINION only, and does not legally assume any entity is responsible for the accuracy of any facts that may seem to be presented by any entity. Rather this is meant to be a starting point of research into the facts or truth. The standard of the reasonable person should be assumed with regard to any possible research into the facts or truth!
Proper Jurisdiction, Venue or Forum can be the key deciding factor of a case.
Motions to relate, Join, or consolidate cases to a better court or judge can be superior to concentrating on ordinary means to change Jurisdiction, Venue or Forum.
Prejudiced security, publicity, jury, judge might mandate a change in Jurisdiction, Venue or Forum.
Connecting factors are contacts, parties, subject matter and cost-shifting to various governments.
Forum Conveniens, Jurisdiction, Venue most usually applied in order of priority to Federal, State with greatest interest or party with greatest interest or party with least resources to travel.
The amount to a continuous and most systematic activity of an entity, usually Government, Federal, State or party, can determine Jurisdiction, Venue or Forum.
Forum Conveniens, Jurisdiction, Venue is determined by the connecting factors of most significant relationship in the dispute.
The Territorial Approach may suggest the jurisdiction where the parties' rights vest, such as the place where the last liable event occurred, or The place of contracting, or other place where property is located
Relevant policies of the forum state, interested states underlying the field of law, predictability, uniformity of result, ease of future application; and Connecting Factors help decide where a trial will be held.
For false conflicts, apply the law of the interested state in false conflicts or true conflicts.
The law that has a materially greater interest in the dispute usually prevails.
Choice of Forum Clauses designates the court where the dispute will be resolved.
Parties can freely agree that the litigation should be conducted in another forum and must be reasonable at the time of litigation
Marriage forum is usually determined by the place of celebration rule.
Corporations are governed by law of the state of incorporation.
The situs rule usually applies in property cases - generally land and other immovable resources are governed by the lex situs
RICO law and other Federal laws may supersede forum state procedural law.
Erie doctrine prevails in federal court exercising diversity jurisdiction over a state law issue to apply the substantive law of the state where the court is located.
Foreign law may not prevail if it is contrary to a strong public policy in the forum state, such as legality of a marriage; However, the supremacy clause may federal statute to govern over conflicting state law
Physical presence and Intent may prevail in personal matters.
Klaxon v. Stentor may not be good law because Federal Common Law may supersede Erie.
Different places or different time periods treat different behaviors completely differently.