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Bootstrap Doctrine |
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A principle in the resolution of conflict of laws that prevents a party from bringing an action in one state's court in an attempt to collaterally attack the final judgment from another state's court. The doctrine is based upon the principle of Res Judicata, which prevents a party from litigating a jurisdictional claim that has already been resolved by a prior, final decision, or if the litigants had an opportunity to raise the issue and challenge the other court's lack of jurisdiction and failed to do so. Further readingsCavers, David F. 1985. The Choice of Law: Selected Essays, 1933–1983. Durham, NC: Duke Univ. Press. Hay, Peter. 2000. Conflict of Laws. 3d ed. St. Paul, Minn.: West Group. Cross-referencesWant to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content. |
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