conflict of law


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conflict of law

n. a situation in which both state and Federal laws or courts, or laws of more than one state, are applicable to a potential lawsuit or interpretation of a document and seem to be inconsistent or in conflict. The plaintiff's attorney's first problem is to decide in what state or federal court the lawsuit should be filed. This can apply to a dead person's estate with property in several states, when people earn income in several states, are involved in business in several states, or violate both state and federal laws in one scheme. Also to be considered is the issue of federal preemption, which may dictate that the Federal statues have been given a monopoly on the subject (pre-empted the field) and that a Federal court must try the case, but that it will apply the laws of the state where the controversy arose. (See: forum)

References in periodicals archive ?
9) Even if the first year students of 1909-1910 had no basic comprehension of Conflict of Laws as an area of study, the Harvard Law Review of that year made sure that the subject was "in their face".
85) Both theories--the down-linking and up-linking--are not rules of conflict of law, but they are considerations or assumptions made about the place where the act of transmission is considered to have taken place; however, the result that both assumptions produce is ultimately highly related to questions of choice of law.
This is hardly surprising given the general difficulties in locating within the Civilian structure of the conflict of laws the equitable causes of action, which are a peculiar feature of the common law system.
Klaxon (131) is the choice-of-law sequel to Erie, holding that "in diversity cases the federal courts must follow conflict of laws rules prevailing in the states in which they sit.
While the New York Court of Appeals tries to mask its rejection of such an approach under the cloak of Babcock, where New York abandoned the rule of lex loci delicti for a more complex rule that more adequately considered the various jurisdictional interests involved in a lawsuit, (91) this approach--to presumptively use the law of the locus or in the case of the Restatement (Second) of Conflict of Laws (92)--to presumptively use the place of the wrong--is essentially identical to that of the third catch-all Neumeier rule used in New York.
either through application of a national law (whether explicitly chosen by the parties or on the basis of the conflict of laws rule), which has incorporated Lex Mercatoria or 2.
Part I analyzes the relevant historical background and development of the two prevailing choice of law methodologies for tort cases--the traditional rule of lex loci delicti of the First Restatement of Conflict of Laws (16) and the "most significant relationship" rule of the Second Restatement of Conflict of Laws.
There, she received the American Jurisprudence Prize Award in Conflict of Laws.
The engine driving the potential for policy disputes is the lex loci celebrationis (or "the law of the place of the celebration") rule in the conflict of laws.
One impetus for the changes to the 1984 Uniform Fraudulent Transfer Act (UFTA), now the 2014 Voidable Transactions Act (UVTA), the first in 30 years, was the need to address conflict of laws in fraudulent transfer litigation.

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