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:
“In this choice of inheritance we have given to our frame of polity the image of a relation in blood; binding up the constitution of our country with our dearest domestic ties; adopting our fundamental laws into the bosom of our family affections; keeping inseparable and cherishing with the warmth of all their combined and mutually reflected charities, our state, our hearths, our sepulchres, and our altars.”
—Edmund Burke (1729–1797)
“It was a real treat when he’d read me Daisy Miller out loud. But we’d reached the point in our relationship when, in a straight choice between him and Henry James, I’d have taken Henry James any day even if Henry James were dead and not much of a one for the girls when living, either.”
—Angela Carter (1940–1992)
“There’s no law against taking off a spaceship. It’s never been done so they haven’t gotten around to prohibiting it.”
—Rip Van Ronkel, and Robert A. Heinlein (1907–1988)
“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)