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Simple English definitions for legal terms

conflict of laws

Read a random definition: postmaster

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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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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