A discussion on the legal concept of 'non forum conveniens'.
Written in 2006; 3,686 words; 12 sources; APA; $ 102.95
Paper Summary:
This paper begins with a definition of the legal term 'non forum conveniens'. It continues to explore the traditional application and the newer concept of this doctrine. The discussion then focuses on the practical implications of the doctrine by reviewing a legal case. In conclusion, the author expands on the effects of this type of discretionary power.
Table of Contents:
Introduction
Forum Non Conveniens
Osuwu V Jackson and Forum Non Conveniens
Discussion and Conclusion
References
From the Paper:
"The article also asserts that there is a traditional and new form of the concept of forum non conveniens. The traditional view came about as a result of the St. Pierre Case decided in the UK. This case found that "a court could not refuse to consider a case within its jurisdiction unless the plaintiff's choice of forum was:...oppressive or vexatious to the defendant or would be an abuse of process in some other way. The belief concerning the traditional use of forum non conveniens was that such a rule would prevent a spiteful plaintiff from deliberately harassing a defendant through legal action in an inconvenient location. Because taking a company to court in its home country could not amount to harassment, local corporations had no escape from their home courts under the traditional concept of forum non conveniens."
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