| 词汇 | JURISDICTION3 |
| 释义 | `1`JURISDICTION3 `2` "Legal Lexicon": Mail, faxes, and telephone calls to xxx, newsletter sent to xxx, dues collected from xxx members, and its affiliations with societies in xxx all demonstrate purposeful injection into xxx. The next factor, conflict with foreign state's sovereignty, concerns the extent to which the exercise of jurisdiction would conflict with the sovereignty of the defendant's state. '`[T]he foreign-acts-with-forum-effects jurisdiction principle must be applied with caution, particularly in an international context.'' Core-Vent, at 1489. In determining how much weight to give this factor, courts look to the presence or absence of connections to the United States generally. Id. The presence of an affiliate, subsidiary, or agent is a significant consideration in evaluating sovereignty concerns. Cf. id. (citing FDIC, 828 F.2d at 1444). With regard to California's interest in adjudicating a suit, 'California maintains a strong interest in providing an effective means of redress for its residents [who have been] tortiously injured.' Id. (internal quotations omitted). Efficiency concerns the efficiency of the forum, particularly where the witnesses and evidence are likely to be located. Id. More recently, this factor has been discounted since '[m]odern advances in communications and transportation have significantly reduced the burden of litigating in another country.' Sinatra v. National Inquirer, 854 F.2d 1191, 99 (9th Cir.'88). Although the importance of the forum to the plaintiff nominally remains part of this test, cases have cast doubt on its significance. See e.g., Core-Vent at 1490 ('A mere preference on the part of the plaintiff for its home forum does not affect the balancing[.]'); Roth, at 624 ('[N]o doctorate in astrophysics is required to deduce that trying a case where one lives is almost always a plaintiff's preference.') Finally, a plaintiff bears the burden of proving the unavailability of an alternative forum. FDIC, at 1445. When all the factors are examined and neither party is clearly favored in the final balance it becomes a judgement call for the court to make like in Roth, at 625, where: 'Appellees may be able to show that the exercise of jurisdiction might be unreasonable, but the closeness of the question manifests that they cannot do so in a compelling fashion.' --b-- There's probably related stuff in other Library areas, so explore. |
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