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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.

local law | local option

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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