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Abbey Shields Jan 18, 2023 Ethical Seeing that the modern legal system has already put guideposts in place, namely the Erie Doctrine and other conict of law rules (Wex Definitions Team, 2022), to discourage the gross misuse of forum shopping, I believe that forum shopping, within the legal structure that currently exists, is ethical. The textbook states that determining possible forums is an important strategic decision for business owners and managers as they do business. (Melvin and Guerra-Pujol, 2021) As a Christian | ascribe to the Higher Law school of thought on jurisprudence, and I see no conicts. We are taught in the Bible to try to settle disputes personally first, but if the issue is unresolvable between the two parties, I see nothing in the Bible that would command one to, given the legal and legitimate choice of two options, abdicate the choice to pursue the option that one sees as most favorable to their cause. I believe that forum selection clauses are legitimate within user contracts and practical for doing business in the modern internet age. If a user signs the agreement, they are giving their consent, and I believe that that should hold in a court of law. An exception to that rule (in my opinion) would be if the product sold by the defendant to the plaintiff caused physical bodily harm. For example, a consumer purchases a drone online and, at check-out, signs an agreement. Later, upon receiving the drone, it has a technical malfunction and injures the user. An injured user due to a faulty product should not, (in my opinion) need to travel out of state to pursue trial against the company. In the case of Facebook, Facebook is, like every other product, optional to use and one need not use Facebook or sign its user agreement if they do not wish to. But once signed, the user is responsible for what they have consented to. Facebook's jurisdiction in the hypothetical case that it had no forum clause would be up for debate within different states and district circuits. Determining jurisdiction for internet based companies and business conducted online is still developing. (Melvin and Guerra-Pujol, 2021) Wex Denitions Team, 2022. Forum shopping. Legal Information Institute of Cornell Law School. Retrieved January 18, 2023 from https://www.law.cornellvedu/wex/forum shopping#1~:text=Whi|e%20forum%20shopping%20i3%205ti||,other%ZOconict%200f%20|aw%20ru|es Fa. Melvin, SP. and Guerra-Pujol, PE. 2022. The Legal Environment ofBusiness: A Managerial Approach: Theory to Practice (fourth edition). McGraw-Hill Education. Unethical Forum shopping is unethical because it is trying to big down or harass the opposite view ofthe matter and it is used an abusive tactic. "US. courts addressing the question of forum shopping have similarly recognized that this practice may lead to unfair results, in particular because it undermines equal protection of the law" (Putsch, 2011). The law is supposed to protect the rights of having a fair and equal trial, not to have home-eld advantage. the ethical standard is fairness and being truthful. When people have "home-eld" advantage, the question raises of how deep are pockets and whose hands are in them? No the court should not enforce the clause because the court does not have follow the forum. most courts will deny the request to move to where the forum is stated The court in the Stewart Organization, Inc. vs. US District ofColumbia for the Western District ofTexas stated that "a forum selection cause is not controlling but is a 'signicant factor' for a court to consider when deciding whether it will transfer cases" (Cornell Law School). Courts should follow the law and the law only. If the law says move, then move, but if it doesn't, then I think they should keep in the state where it is taken place. Yes Facebook should be subject to jurisdiction of every state court in the United States. It is unethical for them to have only one court in the town where the headquarters of a multi-million dollar company is. if a lawsuit happens in Florida, it should be taken place in Florida, and so on and so forth. If small companies are going to have to go state and most likely not survive due to money, then companies like Facebook should have to as well, Markus Petsche, What's Wrong with Forum Shopping - An Attempt to Identify and Assess the Real lssuesof a Controversial Practice, 45 INT'L L. 1005 (2011 Legal Information Institute. (n.d.). Forum selection clause. Legal Information Institute. Retrieved January 18, 2023, from httpsI/lwwaaw.cornell.edu/wex/forum_selection_c|ause 1, Is forum shopping ethical? What are you using as your ethical standard? 2, Should courts enforce forum selection clauses in businessto-consumer contracts like the Facebook user agreement? Why or why not? 3, Suppose Facebook did not have a forum selection clause in its user agreement. Would Facebook be subject to thejurisdiction of every state court in the United States, since it has millions of users in every US. state