In its user service agreement, Facebook includes a forum selection clause that requires users with legal disputes to file any lawsuits against Facebook in courts physically located near its northern California corporate headquarters. Review the discussion of this issue in your textbook (Legal Strategy 101, pp. 100-101); then, analyze the following questions:
- Is forum shopping ethical? What are you using as your ethical standard?
- Should courts enforce forum selection clauses in business-to-consumer contracts like the Facebook user agreement? Why or why not?
- Suppose Facebook did not have a forum selection clause in its user agreement. Would Facebook be subject to the jurisdiction of every state court in the United States, since it has millions of users in every U.S. state?
This assignment requires that you analyze both a legal concept (forum shopping) and its application in a business contract (forum selection clause). Read the course material and the assignment carefully, and do not confuse or conflate the two.