2006-09-26 05:07:12 · 4 answers · asked by brockenpromise 1 in Politics & Government ➔ Law & Ethics
When a law suit is filed, the person bringing the claim (plaintiff) usually gets to pick where the case is filed. That is called the forum.
Specific rules apply for where the suit can be filed, based on the rules of jurisdiction. However, it is often the situation where more than one type of court (general vs. small claims, state vs. federal, trial vs. arbitration), and possibly more than one state/jurisdiction may be valid. In that case, the plaintiff has the option of choosing which forum to file in.
Obviously, the plaintiff wants the best chance of winning. And since they get to pick where the battle is fought, they can often choose which of several forums to use based on which one is likely to give them the best outcome. That's forum shopping.
The term forum shopping also refers to situations where a suit is proceeding badly in one court/jurisdiction, and the plaintiff drops (withdraws) the case and re-files in different court/jurisdiction. Unlike the first example of forum shopping (making strategic decisions), this changing of forums mid-case is frowned upon.
So, when using the term, it's important to know whether you're talking about the first choice made, or later procedural games.
2006-09-26 06:24:01 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
Forum shopping. From Wikipedia, the free encyclopedia. Preliminary matters. Definitional elements. Connecting factors. Substantive legal areas. Enforcement ... Forum shopping is the informal name given to the practice adopted by some ...
http://www.en.wikipedia.org/wiki/Forum_shopping
2006-10-01 20:40:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋
What everyone is trying to tell you is forum shopping is looking for a court where they are notorious for large payouts when you win a lawsuit.
2006-10-02 10:45:47 · answer #3 · answered by daydoom 5 · 0⤊ 0⤋
It means looking for a jurisdiction, court or judge who is likely to be more sympathetic to one's legal claim; and then filing the suit there.
2006-09-26 05:30:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋