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:
“Come and take choice of all my library,
And so beguile thy sorrow.”
—William Shakespeare (1564–1616)
“... the black girls didn’t get these pills because their black ministers were up on the pulpit saying that birth control pills were black genocide. What I’m saying is that black men have exploited black women.... They didn’t want them to have any choice about their reproductive health. And if you can’t control your reproduction, you can’t control your life.”
—Joycelyn Elders (b. 1933)
“It is a law of life that human beings, even the geniuses among them, do not pride themselves on their actual achievements but that they want to impress others, want to be admired and respected because of things of much lower import and value.”
—Stefan Zweig (18811942)
“Those rules of old discovered, not devised,
Are Nature sill, but Nature methodized;
Nature, like liberty, is but restrained
By the same laws which first herself ordained.”
—Alexander Pope (1688–1744)