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:
“At birth man is offered only one choice—the choice of his death. But if this choice is governed by distaste for his own existence, his life will never have been more than meaningless.”
—Jean-Pierre Melville (1917–1973)
“If the heart beguiles itself in its choice [of a wife], and imagination will give excellencies which are not the portion of flesh and blood:Mwhen the dream is over, and we awake in the morning, it matters little whether ‘tis Rachael or Leah,—be the object what it will, as it must be on the earthly side ... of perfection,—it will fall short of the work of fancy, whose existence is in the clouds.”
—Laurence Sterne (1713–1768)
“The law isn’t justice. It’s a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be.”
—Raymond Chandler (1888–1959)
“Different rules apply when it gets this late. You know what I mean? It’s, like, after hours.”
—Joseph Minion, U.S. screenwriter, and Martin Scorsese. Peter (Rocco Sisto)