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Simple English definitions for legal terms

conflict of laws

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A quick definition of conflict of laws:

Conflict of laws refers to a situation where there are different laws in different places that could apply to a case. This means that the outcome of the case depends on which law is used to solve each problem. The laws could come from different states in the US or even different countries. When a court has to decide which law to use, it can either use the law of the place where the case is being heard or the law of the place where the problem happened. This decision is made according to the rules of the court. Federal courts have different rules than state courts because they have to follow the rules in the Constitution.

A more thorough explanation:

Conflict of laws refers to a situation where there is a difference between the laws of two or more jurisdictions that are connected to a case. This means that the outcome of the case depends on which jurisdiction's law will be used to resolve each issue in dispute. The conflicting legal rules may come from U.S. federal law, the laws of U.S. states, or the laws of other countries.

For example, if a person from New York gets into a car accident while driving in California, there may be a conflict of laws issue. The laws of New York and California may be different when it comes to determining who is at fault in a car accident. The outcome of the case will depend on which state's law is applied.

The process by which a court determines what law to apply is sometimes referred to as "characterization" or "classification." This determination must be made in accordance with the law of the forum. A federal court in a case before it based on diversity of citizenship, for example, determines the conflict of law issue as if it were the highest court in the state in which it is sitting.

Courts faced with a choice of law issue generally have two choices:

  • A court can apply the law of the forum (lex fori) -- which is usually the result when the question of what law to apply is procedural.
  • Or the court can apply the law of the site of the transaction or occurrence that gave rise to the litigation in the first place (lex loci) -- this is usually the controlling law selected when the matter is substantive.

For example, if a person from New York sues a person from California in a New York court over a contract that was signed in California, the court may apply California law (lex loci) because that is where the contract was signed.

Federal courts play by different rules than state courts because federal jurisdiction is limited to what has been enumerated in the Constitution. The rules that federal courts must obey regarding which laws to apply are extremely complex.

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haha suckers!!!!!!!!!!!!!!!!!
20:38
prolly have a lil family and hobbies what loosers
hahah losers like what? you travel? have a life? not me, i'm reading every line of a contract while my seniors go play golf and enjoy like hahaha suckers
20:40
yea inverse perspective, what is fun is not fun and what is not fun is fun
20:40
you get it.
i wanna be able to travel a ton too
my ex just posted a harry potter related joke i think i dodged a bullet
20:41
Im only going to law school to recruit members for the revolution
20:41
nice where u wanna go? yea bullet dodged fr
can we join even if we're not at ur school
20:44
yeah but youd be in a different chapter
20:44
are we revolting against people who do not use their signal whilst driving?
20:44
We’re revolting against the man, man
20:45
Power does not flow from the sleeve of a judges robe to paraphrase
fuck yeah i'm down
MrThickRopes
20:46
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MrThickRopes
20:46
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MrThickRopes
20:46
PUT DA BEAT ON BRUH
20:48
Aight yall can join but I call dibs on being assassinated
MrThickRopes
20:49
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MrThickRopes
20:49
Up in da club
MrThickRopes
20:49
Up in da club uns uns uns uns uns uns
the unction
20:55
just got a DUI while drinkin an NA beer in my car
20:55
someone help is some1 a hoya lowya here?!
MrThickRopes
21:03
Yoooo wtf
21:03
jk ropes but I do got ops fr
MrThickRopes
21:12
Me too bruh they praying on my downfall fr
21:19
bruh i got ppl tryna make my head a brain smoothie
21:19
serve me with some margarita mix and agave sweetener and summ
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