Venue is even more specific than forum in that “venue” refers to a particular court in which a dispute will be litigated. For example, in California, venue would be a particular California county. Venue, however, is controlled by law, and private parties cannot override the legislature’s determination as to which county should host an action.
Continue reading “Applicable Law” – part 3
Parties to a contract can also include a forum selection clause identifying one or more courts in which they agree disputes between the parties will be litigated, should they arise at all. In state court practice, a forum would be a particular state.
Continue reading “Applicable Law” – part 2
If you have ever successfully read an entire contract without falling asleep, you may have noticed a two or three line section near the end of the agreement entitled “Applicable Law”. This provision is found in long, detailed contracts, as well as most (relatively) short, boilerplate agreements. So, what is important about this provision anyway? This seemingly straight-forward provision can actually affect three related, but distinct issues: 1. Governing law, …
Continue reading “Applicable Law” – part 1