forum non conveniens

forum non conveniens
forum non con·ve·ni·ens /-ˌnän-kən-'vē-nē-ˌenz, -ˌnȯn-kȯn-'vā-nē-ˌens/ n [New Latin, literally, unsuitable tribunal]: a doctrine allowing a court with jurisdiction over a case to dismiss it because the convenience of the parties and the interest of justice would be better served if the case were brought in a court having proper jurisdiction in another venue compare change of venue

Merriam-Webster’s Dictionary of Law. . 1996.

forum non conveniens
n.
(Latin) An inconvenient court; a court’s discretionary power to refuse to hear a case that is within its jurisdiction if it would be more convenient for the parties or better serve the interests of justice for it to be heard elsewhere.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


forum non conveniens
in private international law, the doctrine that allows a court to decline its own jurisdiction because there is another jurisdiction that can more conveniently try the case.

Collins dictionary of law. . 2001.


forum non conveniens
Latin for an inconvenient court. The idea that a court may change the venue of a lawsuit if that is more convenient for the parties. However, because strict written rules of jurisdiction and venue are used to decide where a case can and cannot be properly filed, this term has largely lost any real meaning. Also called forum inconveniens.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

forum non conveniens
Latin for inconvenient or inappropriate forum and a legal doctrine used by common law courts to determine which court has jurisdiction over a claim, particularly with regard to foreign court proceedings and foreign judgments. In English law, the appropriate forum is the one in which the case may most suitably be tried for the interests of all the parties and the ends of justice.
+ forum non conveniens
USA
Latin for "inconvenient forum," this common law doctrine allows a court to dismiss a civil action (even though venue is proper and the court has jurisdiction over the case and the parties) where, among other things, litigating the action in plaintiff's chosen forum will severely inconvenience a defendant, and an appropriate alternative forum exists in which to try the action.
Forum non conveniens should be distinguished from transfer. In particular, forum non conveniens is used only when the alternative forum is in a foreign country.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

forum non conveniens
[for-uhm nahn cahn-vee-nee-ehns]
n.
   Latin for a forum which is not convenient. This doctrine is employed when the court chosen by the plaintiff (the party suing) is inconvenient for witnesses or poses an undue hardship on the defendants, who must petition the court for an order transferring the case to a more convenient court. A typical example is a lawsuit arising from an accident involving an out-of-state resident who files the complaint in his/her home state (or in the defendant driver's home state), when the witnesses and doctors who treated the plaintiff are in the state where the accident occurred, which makes the latter state the most convenient location for trial.

Law dictionary. . 2013.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Forum non conveniens — (Latin for inconvenient forum or inappropriate forum ) is a discretionary power of mostly common law courts to refuse to hear a proceeding that has been brought before it. The courts will refuse to take jurisdiction over matters where there is a… …   Wikipedia

  • forum non conveniens — /foram non kanviyn(i)yenz/ Term refers to discretionary power of court to decline jurisdiction when convenience of parties and ends of justice would be better served if action were brought and tried in another forum. Johnson v. Spider Staging… …   Black's law dictionary

  • forum non conveniens — /foram non kanviyn(i)yenz/ Term refers to discretionary power of court to decline jurisdiction when convenience of parties and ends of justice would be better served if action were brought and tried in another forum. Johnson v. Spider Staging… …   Black's law dictionary

  • forum non conveniens — noun A doctrine of law holding that a court should decline to hear a case if another court would provide a more convenient forum for the parties and evidence …   Wiktionary

  • forum non conveniens — (Latin.) The doctrine or principle that where, in a broad sense, the ends of justice strongly indicate that the controversy may be more suitably tried elsewhere, jurisdiction should be declined and the parties relegated to relief to be sought in… …   Ballentine's law dictionary

  • forum non conveniens — ˌnänkənˈvinēˌen(t)s Etymology: New Latin, literally, unsuitable tribunal : a doctrine whereby a court of law having full jurisdiction over a case brought in a proper venue or district declines to determine the case on its merits because justice… …   Useful english dictionary

  • forum — fo·rum / fō rəm/ n 1: public forum 2 a: a judicial body or assembly: court allowed the defendant in a state court action to choose the federal forum by removing the case M. H. Redish …   Law dictionary

  • Forum shopping — For forum shopping on Wikipedia, see Wikipedia:FORUMSHOP Conflict of laws …   Wikipedia

  • Forum selection clause — A forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any litigation resulting from that contract will be initiated in a specific forum. There are three types of clause: *the reference might be to …   Wikipedia

  • forum conveniens — /foram kanviyn(i)yenz/ The state or judicial district in which an action may be most appropriately brought, considering the best interest of the parties and the public Compare forum non conveniens …   Black's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”