Law Case Analysis Essay Example | Topics and Well Written Essays - 2250 words

Law Case Analysis - Essay ExampleThe House of greens can implement the nous at its level. Considering the case of Spiliada Maritime V. Cansulex, the house of commons did not full give a satisfaction to the suspect thus the suspect went ahead and made an appeal given up by Lord Goff where He made a ruling that, in that location was abounding natural be including applicable law relating to the matter, availability of witnesses, presence of the home of the two parties and that the plaintiff had a possibility of obtaining abroad jurisdiction. Thus, there was making of a judgement by the Supreme Court. In this case, there is a judgement considering that there is no other jurisdiction that suits the requirements of the parties. The procedure the approach follows includes granting the basic principle when there is plentiful satisfaction by the court that there is another forum that can settle the contravention forum of the parties thus applying more suitably to the satisfaction of the parties. The court then determines the legal burden of proof which shows adequacy evidence. The Supreme Court then determines who lies with the burden depending on the existence of a natural or a forum which is appropriate. After this, the court finds the factors that show there is the existence of another forum which entails the presence of enough witnesses as well as the law that will be under administration in subsiding the dispute. At this moment, the court will get to a conclusion as to whether another forum is available. If there is another forum, the court then grants a stay considering the circumstances surrounding the dispute as seen in the ruling of Lord Goff1. Factors that the court takes into consideration and illustrative cases In relation to the forum non conveniens, its appropriateness is brought to interrogative sentence and also the applicability of the principle of forum non conveniens. This relates to cost, the outcome as well as the delays in the murde r of the principle. The principle finds its application in international law especially in the private section. Its long treat of implementation makes the principle to be in use in the domestic system, which involves cases where the judicial structure does not have a structure that has unification and where the judicial system is federal. The uncertainty of the outcome is due to the expansions in the level of jurisdiction in the legislation where plaintiffs can file a suit at their residential places. According to the code of civil procedure, there should be the filling of suits in the residential place of the suspect rather than that of the plaintiff. There are many details in this system due to the fact that the defendant will not accept the filling of the suit to take place at the student residence of the plaintiff this is because it may be taken as a weapon of harassment forcing the defendant to go to the residence of the plaintiff which may be far. Further, many past judgemen ts have taken effect thus the court may have a challenge in deciding which is the best channel to solve the dispute amicably thus leading to delays. There are enormous costs from the implementation of this principle where, the defendant and the plaintiff may face off due to the fact that they have the right for the cases to be perceive at the place due to the cost as well as moving there witnesses to the residence