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LSDefine

Simple English definitions for legal terms

conflict of laws

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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.

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TGM
18:39
@texaslawhopefully: alas, haven’t even gotten an interview (applied around thanksgiving)
18:39
Yeah I would delay as long as you have plausible deniability
TGM
18:40
I actually do have a transcript issue that registrar needs to resolve, should I say that
TGM
18:41
(Course marked as Incomplete that’s supposed to be removed)
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
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