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:
“Then did they strive with emulation who should repeat most wise maxims importing the necessity of suspicion in the choice of our friends—such as “mistrust is the mother of security,” with many more to the same effect.... But notwithstanding the esteem which they professed for suspicion, yet did they think proper to veil it under the name of caution.”
—Sarah Fielding (1710–1768)
“Sleeping in a bed—it is, apparently, of immense importance. Against those who sleep, from choice or necessity, elsewhere society feels righteously hostile. It is not done. It is disorderly, anarchical.”
—Rose Macaulay (1881–1958)
“Half the testimony in the Bobbitt case sounded like Sally Jesse Raphael. Juries watch programs like this and are ready to listen.”
—William Geimer, U.S. law educator. New York Times, p. B18 (January 28, 1994)
“For 350 years we have been taught that reading maketh a full man, conference a ready man and writing an exact man. Football’s place is to add a patina of character, a deference to the rules and a respect for authority.”
—Walter Wellesley (Red)