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Simple English definitions for legal terms
local-law theory
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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.