I’m studying for my Business class and don’t understand how to answer this. Can you help me study?

To me, and in this specific situation, I believe that forum shopping is

ethical. I work at a Personal Injury law firm. Jurisdiction plays a huge

role in what cases the attorney’s are allowed to take, and if the

accident happened outside their jurisdiction they have to point that

client in the right direction to be correctly represented. That makes

sense to me because it’s not a local Nevada’s residents fault that they

got hit by someone that was visiting out of state. They pay for certain

minimum insurance, and I believe it should go both ways. However,

Facebook isn’t like car insurance. Having social media is not required.

You voluntarily sign up for an account and sign an agreement to their

terms and conditions. Each individual that signs up for facebook should

be reading between the lines and understanding what they are signing on

the off chance any issues come up, which I believe you could biblically

relate to the importance of people being more resourceful and paying

attention to the law. Unfortunately (myself included) most people would

probably agree that you don’t want to read agreements to sign up for a

social media account. It seems like a lot to read for what it is, but

once you agree to Facebook’s terms, there is no going back. In that

case, we are all agreeing to what Facebook’s terms are, and they require

that any lawsuits be handled near their home base in California. As the

textbook states, “business firms may take strategic measures-such as

incorporating well-drafted “forum selection clauses” into their business

agreements before any litigation ensues” (Melvin, 2018). Some may find

it unethical to oppose California State Laws onto people around the

world, but I think other courts should enforce forum selection clauses

in business-to-consumer contracts like Facebook because if some people

in the world got preferential treatment due to their state our country’s

policies, it wouldn’t be fair to others that could be experiencing the

same issues in other states or countries. Without the forum selection

clause, facebook would probably have to be subject to each state’s court

because of the location of the user only. However, that would also

cause problems because what if you couldn’t prove where a specific

person was when an incident happened? They could have easily kept their

location the same on facebook, yet moved around and been in a different

jurisdiction when the incident occurred. I read an article on forum

selection clauses, and the writer made good points as to why the clauses

are favorable. One of them being that it can avoid “Legal

representation that lacks the expertise necessary for you to prevail”

(Banerjee, 2018). It is important for businesses to cover their back as

well so that they know they are going to be adequately represented

should any issues arise. Those are a few reasons that I believe forum

shopping is ethical.

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