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:
“Excellence or virtue is a settled disposition of the mind that determines our choice of actions and emotions and consists essentially in observing the mean relative to us ... a mean between two vices, that which depends on excess and that which depends on defect.”
—Aristotle (384–323 B.C.)
“The base of all artistic genius is the power of conceiving humanity in a new, striking, rejoicing way, of putting a happy world of its own creation in place of the meaner world of common days, of generating around itself an atmosphere with a novel power of refraction, selecting, transforming, recombining the images it transmits, according to the choice of the imaginative intellect. In exercising this power, painting and poetry have a choice of subject almost unlimited.”
—Walter Pater (1839–1894)
“Bear one another’s burdens, and in this way you will fulfill the law of Christ.”
—Bible: New Testament, Galatians 6:2.
“Unfortunately, we cannot rely solely on employers seeing that it is in their self-interest to change the workplace. Since the benefits of family-friendly policies are long-term, they may not be immediately visible or quantifiable; companies tend to look for success in the bottom line. On a deeper level, we are asking those in power to change the rules by which they themselves succeeded and with which they identify.”
—Anne C. Weisberg (20th century)