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, law and/or rules:
“The fondness or indifference that the philosophers expressed for life was merely a preference inspired by their self-love, and will no more bear reasoning upon than the relish of the palate or the choice of colors.”
—François, Duc De La Rochefoucauld (1613–1680)
“It seems to be a law of nature that no man, unless he has some obvious physical deformity, ever is loth to sit for his portrait.”
—Max Beerbohm (1872–1956)
“The average educated man in America has about as much knowledge of what a political idea is as he has of the principles of counterpoint. Each is a thing used in politics or music which those fellows who practise politics or music manipulate somehow. Show him one and he will deny that it is politics at all. It must be corrupt or he will not recognize it. He has only seen dried figs. He has only thought dried thoughts. A live thought or a real idea is against the rules of his mind.”
—John Jay Chapman (1862–1933)