Saturday, January 12, 2013

Conflict of Laws

The body of rules that directs the choice a court makes when the court must decide whether to apply the law of one state (or a nation-state) or another to settle an issue in a case. When there is a conflict between the laws, principles called choice of law rules are applied to settle the question.

The Courts of more than one state may have the authority to hear a lawsuit. When this happens the plaintiff can decide where to initiate his lawsuit. But because letting the Plaintiff forum shop would be unfair and inconvenient, courts try to be consistent in deciding which law to apply in various types of cases. Nonetheless forum shopping cannot always be prevented.

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