Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

conflict of laws

Read a random definition: foreclosure decree

A quick definition of conflict of laws:

Conflict of laws refers to a situation where there are different laws in different places that could apply to a case. This means that the outcome of the case depends on which law is used to solve each problem. The laws could come from different states in the US or even different countries. When a court has to decide which law to use, it can either use the law of the place where the case is being heard or the law of the place where the problem happened. This decision is made according to the rules of the court. Federal courts have different rules than state courts because they have to follow the rules in the Constitution.

A more thorough explanation:

Conflict of laws refers to a situation where there is a difference between the laws of two or more jurisdictions that are connected to a case. This means that the outcome of the case depends on which jurisdiction's law will be used to resolve each issue in dispute. The conflicting legal rules may come from U.S. federal law, the laws of U.S. states, or the laws of other countries.

For example, if a person from New York gets into a car accident while driving in California, there may be a conflict of laws issue. The laws of New York and California may be different when it comes to determining who is at fault in a car accident. The outcome of the case will depend on which state's law is applied.

The process by which a court determines what law to apply is sometimes referred to as "characterization" or "classification." This determination must be made in accordance with the law of the forum. A federal court in a case before it based on diversity of citizenship, for example, determines the conflict of law issue as if it were the highest court in the state in which it is sitting.

Courts faced with a choice of law issue generally have two choices:

  • A court can apply the law of the forum (lex fori) -- which is usually the result when the question of what law to apply is procedural.
  • Or the court can apply the law of the site of the transaction or occurrence that gave rise to the litigation in the first place (lex loci) -- this is usually the controlling law selected when the matter is substantive.

For example, if a person from New York sues a person from California in a New York court over a contract that was signed in California, the court may apply California law (lex loci) because that is where the contract was signed.

Federal courts play by different rules than state courts because federal jurisdiction is limited to what has been enumerated in the Constitution. The rules that federal courts must obey regarding which laws to apply are extremely complex.

conflict of interest | conformed copy

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
LSD+ is ad-free, with DMs, discounts, case briefs & more.