Choice of Law Rules
Courts faced with a choice of law issue have a two-stage process:
- the court will apply the law of the forum (lex fori) to all procedural matters (including, self-evidently, the choice of law rules); and
- it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality (lex patriae) or domicile (lex domicilii) will define legal status and capacity, the law of the state in which land is situated (lex situs) will be applied to determine all questions of title, the law of the place where a transaction physically takes place or of the occurrence that gave rise to the litigation (lex loci actus) will often be the controlling law selected when the matter is substantive, but the proper law has become a more common choice.
Read more about this topic: Conflict Of Laws
Famous quotes containing the words choice of, choice, law and/or rules:
“Romanticism is found precisely neither in the choice of subjects nor in exact truth, but in a way of feeling.”
—Charles Baudelaire (1821–1867)
“European society has always been divided into classes in a way that American society never has been. A European writer considers himself to be part of an old and honorable tradition—of intellectual activity, of letters—and his choice of a vocation does not cause him any uneasy wonder as to whether or not it will cost him all his friends. But this tradition does not exist in America.”
—James Baldwin (1924–1987)
“The inevitableness, the idealism, and the blessing of war, as an indispensable and stimulating law of development, must be repeatedly emphasized.”
—Friedrich Von Bernhardi (1849–1930)
“Playing games with agreed upon rules helps children learn to live by rules, establish the delicate balance between competition and cooperation, between fair play and justice and exploitation and abuse of these for personal gain. It helps them learn to manage the warmth of winning and the hurt of losing; it helps them to believe that there will be another chance to win the next time.”
—James P. Comer (20th century)