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:
“But real action is in silent moments. The epochs of our life are not in the visible facts of our choice of a calling, our marriage, our acquisition of an office, and the like, but in a silent thought by the way-side as we walk; in a thought which revises our entire manner of life, and says,—”Thus hast thou done, but it were better thus.””
—Ralph Waldo Emerson (1803–1882)
“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)
“The due process of law as we use it, I believe, rests squarely on the liberal idea of conflict and resolution.”
—June L. Trapp (b. 1930)
“Unfortunately, we cannot rely solely on employers seeing that it is in their self-interest to change the workplace. Since the benefits of family-friendly policies are long-term, they may not be immediately visible or quantifiable; companies tend to look for success in the bottom line. On a deeper level, we are asking those in power to change the rules by which they themselves succeeded and with which they identify.”
—Anne C. Weisberg (20th century)