Compose a reply for each using a word processor. Each response must be in current APA format and must incorporate at least 1 source to support your opinions and ideas.

Instructions- minimum 100-word replies 2 Threads.  All posts must incorporate research and must be formatted in current APA style.

Fundamentals of the Legal Environment of Business : A Managerial Approach: theory of practice. 3rd edition by Sean P. Melvin

Chapter 3 review pages 100-101

Read the threads posted by your classmates. Choose 2 threads, selecting at least 1 which presents the opposite conclusion of your thread. Compose a reply for each using a word processor. Each response must be in current APA format and must incorporate at least 1 source to support your opinions and ideas. Note that “I like what you said,” “that’s a good comment,” and “I disagree with your comment” in and of themselves do not count as a complete reply. Rather, stating reasons that support the opinion, adding additional ideas/thoughts, or providing alternative ideas/thoughts count as a reply. Communication must follow Student Expectations.

Reply 1-

Ethical

COLLAPSE

DB Forum 1 Thread

Forum shopping is ethical. My ethical standard is to protect what and who belong to you. Forum shopping provides a good illustration of the preventative or risk-reduction (Melvin, 2018, p. 100). One of the more characteristic phenomena in cross-border insolvency matters is

Forum shopping: individual debtors’ search for the most favorable insolvency law (Szydło, 2010). Forum shopping is one of those phenomena that one frequently hears referred to by the

practitioners of diplomacy, but which receives little attention in the international relations

literature (Kellow,  2012).

Yes, courts should enforce forum selection clauses in business-to-consumer contracts like the Face book user agreement described here because an organization must protect its assets. A business owner must look at all aspects, as well as legal. Without shopping forum, an organization could be out of a lot of money. Some business owners perhaps would think he/she will not face a forum shopping and not protect themselves and this is where they would lose out in this type of legal matter. If a Face book user ever wants to sue Face book for any reason, he/she must do it in Face book’s “back yard”, so to speak (Melvin, 2018, p. 101). Since Face book is basically calling the shots, it has to make it hard for a user to think about filing a lawsuit.

If Face book did not have a forum shopping clause in its user agreement, Face book would be subject to the jurisdiction of every state court in the United States since it has millions of users in every state.

1st Timothy 5:8 (King James Version), But if anyone does not provide for his own, and especially for those of his household, he has denied the faith and is worse than an unbeliever. As the husband will provide and protect his family, so shall a business owner/organization protect the assets God has blessed him/her with.

References

Kellow, A. (2012). Multi-level and multi-arena governance: the limits of integration and the

possibilities of forum shopping. International Environmental Agreements: Politics, Law & Economics12(4), 327-342. doi:10.1007/s10784-012-9172-3

Reply 2-

Non Ethical

COLLAPSE

Facebook uses forum shopping if someone ever wants to sue them for whatever reason. To me I see this as non-ethical.  There are many reasons to this. One being that it gives Facebook an unfair advantage. For instance I live in Virginia it is not realistic and or affordable for me to travel all the way to California if for some reason I ever found myself possibly having to sue them. In addition since Facebook is from that area it can give them an unfair advantage in the sense that that particular area gets economic gain from them. So the fact the trial in that area would be held their can give them additional advantages.  I read an article about this where they wrote about Volkswagen doing the same thing however on a national level. In addition it stated that “The Supreme Court speaks of the practice with great disdain, vowing to protect U.S. courts from it.” (Bookman)

Courts should inforce certain laws that protect consumers from forum shopping in business to consumer purchases. The reasoning being that most consumers cannot afford going to where the business decides for trial. In addition it’s not convent at all either. In addition there are laws that lay out jurisdiction to protect both the plaintiff and defendant. One goes over if the defendant has some contact within the state. For instance if a branch location is located in that state even if the headquarters are located elsewhere.  (Personal) Even though Facebooks headquarters is located their they have branches all over the United states therefore they do business in those states as well.

If they did not have that clause in their user agreement they could not be sued everywhere. This is due to what I went over in the last paragraph. In addition in order for a court to hear a case they have to make sure that its not just base off of personal jurisdiction however they also have to have the knowledge to listen to a case. So there are many factors that go into the process of where a case should be heard.

Bookman, P. K. (2016, December). The unsung virtues of global forum shopping. Notre Dame Law Review92(2), 579+. Retrieved from http://link.galegroup.com.ezproxy.liberty.edu/apps/doc/A484155769/ITOF?u=vic_liberty&sid=ITOF&xid=454db98b

Personal Jurisdiction: In Which Court Can I Sue the Defendant? (n.d.). Nolo. Retrieved April 2, 2018, from https://www.nolo.com/legal-encyclopedia/personal-jurisdiction-where-sue-defendant-29560.html.

 
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