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:
“We must hold a man amenable to reason for the choice of his daily craft or profession. It is not an excuse any longer for his deeds that they are the custom of his trade. What business has he with an evil trade?”
—Ralph Waldo Emerson (1803–1882)
“I am a good horse to travel, but not from choice a roadster. The landscape-painter uses the figures of men to mark a road. He would not make that use of my figure.”
—Henry David Thoreau (1817–1862)
“Unless the law of marriage were first made human, it could never become divine.”
—George Bernard Shaw (1856–1950)
“However diligent she may be, however dedicated, no mother can escape the larger influences of culture, biology, fate . . . until we can actually live in a society where mothers and children genuinely matter, ours is an essentially powerless responsibility. Mothers carry out most of the work orders, but most of the rules governing our lives are shaped by outside influences.”
—Mary Kay Blakely (20th century)