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:
“Utah is the only State that gives condemned men a choice between death by hanging or before a firing squad. Most prisoners prefer the firing squad, but one obstinate convict in 1912 elected to be hanged because “hanging is more expensive to the state.””
—State of Utah, U.S. public relief program (1935-1943)
“You’ve just fulfilled the first role of law enforcement. Make sure when your shift is over you go home alive.”
—David Mamet, U.S. screenwriter, and Brian DePlama. Jimmy Malone (Sean Connery)
“This was Pharaoh, direct descendent of our deity Amon, god of the sun, who rules the heavens as Pharaoh rules the earth. Again, he brought treasure, gold, and precious jewels taken from our enemies. For to Pharaoh riches were power and power was to be desired. And also again he brought many captives. For is it not by slaves that one becomes even richer and then has even more power?”
—William Faulkner (1897–1962)