Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

local-law theory

Read a random definition: Uniform Commercial Code

A quick definition of local-law theory:

Local-Law Theory: A way of resolving legal conflicts when a case involves different countries. This theory says that even though a court will enforce the laws of its own country, it should also consider the laws of the other country involved in the case. This means that the court will try to create a solution that is similar to what would happen if the case was purely domestic, but also takes into account the laws of the other country. This theory was first explained by Walter Wheeler Cook in 1949, but some people think it is not very helpful for developing private international law because it doesn't give clear guidance on how to consider foreign laws.

A more thorough explanation:

Definition: Local-law theory is a concept in conflict of laws. It suggests that even though a court recognizes and enforces a local right (a right created under its own law), in a foreign case, it does not necessarily apply the rule that would govern a similar case of a purely domestic nature. Instead, it considers the law of the foreign country and creates a local right that is as close as possible to the law of the country where the decisive facts have occurred.

Example: Let's say a person from the United States is involved in a car accident while on vacation in France. The person sues the other driver for damages in a U.S. court. The court will apply the local-law theory and consider the law of France, where the accident occurred, to determine the extent of damages. The court will create a local right that is as close as possible to the law of France.

This example illustrates how the local-law theory works in a foreign case. The court does not apply the law of the forum (the U.S. in this case) but instead considers the law of the foreign country (France) to create a local right that is as close as possible to the law of France.

local law | local option

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
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?
LSD+ is ad-free, with DMs, discounts, case briefs & more.