forum shopping as an ethical standard

Posted: April 23rd, 2021

Read the threads and  each response must incoporate at least 1 scholarly source to support your conclusions and ideas, as well as Biblical application, in current APA format ( minimum 100 words)

Not Ethical

1) Is forum shopping ethical? What are you using as your ethical standard?

The practice of forum shopping in order for the plaintiff to dictate an advantage for a partial and favorable verdict in a civil litigation is not ethical. The use of forum shopping is not only unfair to the consumer party but can be detrimental to the public’s confidence, as the integrity of the judicial court can be compromised. An ethical standard that contradicts the desired outcome of the plaintiff is the Model Code of Judicial Conduct by the American Bar Association which enforces judges to “uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the APPEARANCE of impropriety”. Also, the Federal Rule of Civil Procedure 11 prohibits parties from abusing the litigation of misusing the courts process.

2) Should courts enforce forum selection clauses in business-to-consumer contracts like the Facebook user agreement? Why or why not?

Yes, when users/consumers aggress to the terms and conditions set forth in the forum selection clause, whether knowingly or unknowingly should abide be the agreement. However, with powerhouse corporations like Facebook, the District court should have more supervision by the State Supreme Court to ensure compliance of a fair and impartial litigation with judicial independence. Judges should make the decision based off the law and shouldn’t make the decision based off of influence.

3) Suppose Facebook did not have a forum selection clause in its user agreement. Would Facebook be subject to the jurisdiction of every state court in the United States, since it has millions of users in every U.S. state?

Yes, without a forum selection clause agreement, Facebook would be fall in the venue of court in another state. This can also be harmful to Facebook.  Different geographical locations in America can have different values and unfortunately can lead to decisions not based off of law. Thus, Facebook aren’t fully protecting themselves by not implementing the forum selection in the agreement. Both parties can be at a disadvantage with falling within the forum selection of the other party.

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