Question

determining forum court will consider whether other state law substantively differs from state in a way that violates public policy

Answer 1

When determining which state law governs in contracts cases, in the absence of a choice of law provision, courts will generally use the most significant relationship approach, meaning that a court will examine which forum has the most meaningful relationships to the issues and parties involved in the case.

What is a forum?

• A location of jurisdiction where legal remedies are pursued; a court of justice where disputes are heard and determined; a judicial tribunal that hears and decides disputes.
• Which court has jurisdiction over the parties and the issue of the case determines where the lawsuit should be filed; this decision is primarily guided by legislation and court rules.
• For instance, procedural rules may stipulate that a given court may hear disputes involving a specific cash amount or between residents of separate states.

A forum selection clause, which specifies the court that would hear any disputes emerging from the contract, may have been inserted in the contract when it is the subject of litigation.

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