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)
“Once women begin to question the inevitability of their subordination and to reject the conventions formerly associated with it, they can no longer retreat to the safety of those conventions. The woman who rejects the stereotype of feminine weakness and dependence can no longer find much comfort in the cliché that all men are beasts. She has no choice except to believe, on the contrary, that men are human beings, and she finds it hard to forgive them when they act like animals.”
—Christopher Lasch (b. 1932)
“The times have changed. Why do you make a fuss
For privilege when there’s no law of form?”
—Allen Tate (1899–1979)
“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)