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 ?
Neuhaus, Legal Certainty Versus Equity in the Conflict of Laws, 28 LAW & CONTEMP.
Though conflict of law issues in tort matters were not the focus of the civil action in Phillips v Eyre, the test endorsed by Willes J has left its mark.
conflict of law, examine foreign resolutions of the conflict of law, and
84) While most states do not have conflict of law statutes, the Louisiana Civil Code directly addresses choice of law questions.
Barry Engel analyzes choice of law decisions and how they may lead to conflict of law issues in this program for asset protection and integrated estate planning lawyers.
Conflict of laws scholarship in the United States in the middle half of the twentieth century produced what is commonly referred to as a "revolution.
The Nevada law raises important conflict of laws and federal pre-emption issues, the former being a procedural dilemma calling for a court to sort out conflicting applicable laws of different jurisdictions, and the latter being the problem of whether, in this instance, federal law overrides the state's.
The principle of lex voluntatis, as a conflict of laws, authorizes the parties to appoint the law applicable to international contracts.
Each of those jurisdictions will have their own set of laws, including laws governing the conflict of laws.
She is an advisor to the American Law Institute's Restatement of the Law Third, Conflict of Laws.

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