Civil Procedure Multistate Bar Practice Exam

What must a party demonstrate to successfully invoke the court's alternative forum consideration?

1. That the court has jurisdiction over all parties involved

2. That there is an alternative forum available for the case

3. That the case has no precedent in the current court

4. That the current court lacks any validity

The correct answer is: That there is an alternative forum available for the case

To successfully invoke the court's alternative forum consideration, a party must demonstrate that there is an alternative forum available for the case. This principle stems from the doctrine of forum non conveniens, which allows a court to dismiss a case when there is a more appropriate forum available that can better serve the interests of justice. The requirement of an available alternative forum means that the alternative jurisdiction must be able to hear the case and provide an adequate legal remedy. This ensures that the party seeking to dismiss the current action is not simply doing so to escape jurisdiction or to prejudice the opposing party but is genuinely offering a viable path to resolution in a different jurisdiction. While clarity regarding jurisdiction over parties and the validity of the current court is important, they are not prerequisites for seeking alternative forum consideration. Additionally, the presence or absence of precedent within the current court does not directly affect the ability to argue for an alternative forum. The crux of invoking the alternative forum consideration lies in identifying a valid and available forum.