Legal Definitions - local law

The term "local law" has several distinct meanings in a legal context, depending on how it is used. It generally refers to laws that are specific in some way, either geographically, to a particular group, or to the internal legal system of a given jurisdiction.

• 1. Laws specific to a particular area or group:

  This refers to a statute or act passed by a state legislature that applies only to a specific geographic region within the state (like a particular city or county) or to a very specific group of people or entities, rather than applying uniformly across the entire state or to all members of a broad category. These are sometimes called local acts or local statutes.

  • Example A: A state legislature passes a bill authorizing a specific county to levy a special tax to fund the construction of a new regional park within that county. This is a local law because the tax and the park project are confined to that single county, not the entire state.

    Explanation: The law's effect is geographically limited to one county, making it a "local law" in this sense, as opposed to a statewide tax or park initiative.

  • Example B: A state enacts a law that grants a specific, named public university the unique authority to establish a new medical research institute with certain financial benefits, an authority not extended to other public universities in the state. This would be considered a local law.

    Explanation: The law applies to a particular entity (a specific university) rather than a general class (all public universities), making its application specific and thus "local."

  • Example C: A state passes legislation that allows only one designated historic district in a particular city to adopt stricter building codes and preservation guidelines than those generally mandated by state law for other areas. This is a local law.

    Explanation: The special regulations apply only to a defined, limited geographic area (the historic district) and not broadly across the state or even the entire city, illustrating its specific, local nature.

• 2. The law of a specific jurisdiction (internal law):

  In this context, "local law" refers to the entire body of laws that apply within a particular country, state, or other legal jurisdiction, distinguishing it from the laws of other, "foreign" jurisdictions. It is also known as internal law.

  • Example A: A court in Canada is hearing a dispute between a Canadian company and a company from the United States. If the Canadian court decides to apply Canadian contract law to the case, it is applying its own "local law" rather than the "foreign law" of the United States.

    Explanation: The Canadian court is using the laws that are internal and specific to its own jurisdiction (Canada) to resolve the dispute.

  • Example B: Two individuals from different U.S. states are involved in a property dispute in Florida. A Florida court will typically apply Florida's "local law" regarding property rights and ownership to resolve the matter, rather than the laws of the other states involved.

    Explanation: The court is applying the legal rules and principles that are part of its own state's legal system (Florida's internal law).

• 3. Substantive law in conflict of laws:

  Within the field of "conflict of laws" (which deals with determining which jurisdiction's laws should apply when a legal case involves multiple jurisdictions), "local law" refers to the actual, substantive rules and principles of law that a court would apply to a controversy, *after* it has decided which jurisdiction's law is appropriate. It specifically excludes the rules used to *make* that choice (the conflict-of-laws rules themselves).

  • Example A: A lawsuit is filed in a New York court concerning a car accident that occurred in New Jersey. The New York court first uses its "conflict of laws" rules to determine that New Jersey law should govern the accident. Once that decision is made, the court then applies New Jersey's specific statutes and precedents regarding negligence and damages—this is New Jersey's "local law" in this context—to decide the case.

    Explanation: After the choice-of-law decision is made, the court applies the actual rules of New Jersey law (its "local law") to the facts of the accident.

  • Example B: A contract dispute arises between parties from California and Texas, with the lawsuit filed in a federal court in Nevada. The Nevada court, using federal conflict-of-laws principles, determines that California contract law should apply. The court then applies the specific provisions of California's Civil Code and relevant case law concerning contracts—this is California's "local law"—to interpret the agreement and resolve the dispute.

    Explanation: The court is applying the substantive legal rules of California (its "local law") to the contract, having first determined that California law was the correct choice.