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Topic: Conflict of laws

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  Legal Definition of Conflict Of Laws
CONFLICT OF LAWS - This phrase is used to signify that the laws of different countries (or other jurisdictions), on the subject-matter to be decided, are in opposition to each other; or that certain laws of the same country are contradictory.
Whatever force and obligation the laws of one country have in another depends upon the laws and municipal regulations of the latter; that is to say, upon its own proper jurisprudence and polity and its own express or tacit consent.
In the conflict of laws, it must often be a matter of doubt which should prevail; and, whenever a doubt does exist, the court which decides will prefer the law of its own country to that of the stranger.
www.lectlaw.com /def/c278.htm   (505 words)

  conflict of laws - HighBeam Encyclopedia   (Site not responding. Last check: 2007-11-02)
The conflict of laws rules that a court applies in these disputed situations are commonly designed to decide the case by the law of the territory having the closest connection with the transaction.
The founder of the modern study of conflict of laws was the medieval jurist, Bartolus of Sassoferrato (1314-57).
The defamation of choice-of-law in cyberspace: countering the view that the restatement (second) of conflict of laws is inadequate to navigate the borderless reaches of the intangible frontier.
www.encyclopedia.com /doc/1E1-conflict.html   (759 words)

 JewishEncyclopedia.com - CONFLICT OF LAWS:
The tendency of the Talmud and of the later codes is generally toward submission to the law of the land in all civil cases, when such law is humane and the Jews are allowed an equal hearing in the courts with non-Jews.
The question was frequently raised whether marriage and divorce are religious acts, and must, therefore, be in accordance with Jewish law and custom; or whether they may also be included under civil laws generally and be governed by the laws of the state; or whether they are partly religious and partly civil in their character.
In order not to come into conflict with the civil authorities of the state, many rabbis are careful not to grant a geṭ unless the courts of the land have previously sanctioned a dissolution of the marriage.
www.jewishencyclopedia.com /view.jsp?artid=720&letter=C   (1678 words)

 conflict of laws — FactMonster.com
conflict of laws, that part of the law in each state, country, or other jurisdiction that determines whether, in dealing with a particular legal situation, its law or the law of some other jurisdiction will be applied.
The conflict of laws rules that a court applies in these disputed situations are commonly designed to decide the case by the law of the territory having the closest connection with the transaction.
The founder of the modern study of conflict of laws was the medieval jurist, Bartolus of Sassoferrato (1314–57).
www.factmonster.com /ce6/society/A0813207.html   (518 words)

 Intellectual Property in Cyberspace   (Site not responding. Last check: 2007-11-02)
Conflict of laws, that part of the law in each state, country, or other jurisdiction that determines whether, in dealing with a particular legal situation, its law or the law of some other jurisdiction will be applied.
The most important attempt in antiquity to deal with the problem of conflict of laws was the jus gentium [law of nations] of the Romans: a system of laws applied to all free foreigners.
The founder of the modern study of conflict of laws was the medieval jurist, Bartolus of Sassoferrato (1314—57).
cyber.law.harvard.edu /ilaw/Jurisdiction/Conflict.html   (450 words)

 AANA - Legal Briefs, December 2002 -- Conflict of laws
For a large part of US history, differences in laws and statutes of independent states were not important because the primitive nature of transportation meant that most commerce and, therefore, most litigation involved neighbors, people in the same jurisdiction, governed by the same laws.
As an accommodation to courts, it is generally agreed that in conflict of law situations, a court is allowed to use the procedural law of its own state even though it is applying the substantive law of the state with the most significant relationships.
The court upheld the determination of the lower federal trial court that under Illinois law, the anesthesiologists’ insistence upon receipt of the financial statement was a condition precedent for the insurance agreement.
www.aana.com /resources.aspx?ucNavMenu_TSMenuTargetID=54&ucNavMenu_TSMenuTargetType=4&ucNavMenu_TSMenuID=6&id=2323&   (3089 words)

 Joseph H. Beale, A Treatise on the Conflict of Laws
Some proper law must have governed the juridical situation at the moment of its occurrence; the effort of the court is to determine what that law was; and that involves a question of the power of some particular law to extend to and rule the juridical situation.
In considering how a conflict of laws shall be solved, it is necessary first to study with some care the nature of law; and to delimit the jurisdiction of the various laws which are alleged to apply.
The very multiplication of jurisdictions whose law is based upon the system of the common law leads naturally to the citation in the courts of one state of the decisions of the courts of another.
www.constitution.org /cmt/jhb/conflict_laws.htm   (9085 words)

 Glossary of Conflict of Laws
The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own.
Avoidance of the law - In the conflict of law, the intentional arrangement of connecting factors (contacts) (infra) in an agreement, usually by equal bargaining parties, for a legitimate purpose, in order to ensure the applicability to the agreement of a particular law or jurisdiction.
Conflict of Laws, also known as "Private International Law", was a term first coined by Joseph Story in his 1st Edition, 1834 of that name.
www.mcgill.ca /maritimelaw/glossaries/conflictlaws   (7595 words)

 [No title]
NY is in forefront of conflict of laws 2.
Lopez - when a passenger and a driver are residents of same jurisdiction and car is there registered and insured, its law and not the law of the place of the accident controls and determines the standard of care which the host owes to his guest.
law of jurisdiction having greatest interest in litigation will be applied and only facts or contacts which are significant in defining state interests are those which relate to the purpose of the particular law in conflict a.
www.pitt.edu /~sorc/lawwomen/outlines/conflictsfrankston.DOC   (2282 words)

 Conflict of laws - Wikipedia, the free encyclopedia
Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a "foreign" law element, where a difference in result will occur depending on which laws are applied as the lex causae.
The first instances of conflict of laws can be traced to Roman law where parties from foreign countries would go before a praetor perigrinus in Rome to plead their case.
The modern field of conflicts emerged in the United States during the 19th century with the publishing of Joseph Story's treatise on the Conflict of Laws in 1834.
en.wikipedia.org /wiki/Private_international_law   (1860 words)

 Conflict of Laws : Instruction : IU Law   (Site not responding. Last check: 2007-11-02)
Conflicts is a useful law school course in that conflicts problems often come up in practice and it is hard to learn the subject in bits and pieces after graduation.
The advantage in taking the course in the second year is that conflict of laws is largely a common-law course; therefore, the subject matter may balance to an extent the statutory emphasis of many other second-year courses.
The focus of the course will be on the choice-of-law process: approaches to the problem of which law to apply in civil actions when the laws of two states conflict and the controversy may touch upon the interests of both states.
www.law.indiana.edu /instruction/shreve/3532/index.shtml   (484 words)

 'Public Policy' in the Conflict of Laws
In such cases, however, Arizona is free to apply her own law or the law of the place of the mortgage transaction because she has a substantial connection with the transaction—the sale and the situs of the chattel at the time of the sale being in the state.
It should be emphasized that that law is arrived at not by a determination that the law of the domicil or the place of transfer is the “proper law, but by a reference to situs law, which in turn refers to the law of the domicil or the place of transfer.
He separates public law, which is characterized by interference with private law for purposes of the welfare of the state and of the population generally, from private law itself, which is designed to serve the interests of individuals or organizations rather than the government.
www.uniset.ca /other/art/56ColumLRev969.html   (16221 words)

 CONFLICT OF LAWS .NET - News and Views in Private International Law
The authors argue that this rule neglected the basic principles of liability law, the main purpose of which is the compensation of the damage suffered by the injured party.
Under English law, the cross-border enforcement of freezing orders is normally not automatically permitted after such an order is granted, but rather subject to the permission of the English court to seek to enforce the order in a country outside England and Wales (Civil Procedure Rules Part 25 Practice Direction Annex Schedule B paragraph 10).
Methodologically choice of law rules should be market-mimicking rules, which reflect the interests of a grand coalition of the parties and all third parties affected by the choice rule.
www.conflictoflaws.net   (10332 words)

 Conflict of Laws
Accordingly, an understanding of the conflict of laws is a significant important benefit in pursuing most legal careers.
In addition, the study of the conflict of laws (or "private international law") provides an important foundation for the study of other international commercial law subjects.
The rules applied by Canadian common law courts are compared with those applied in other common law countries, in the United States, in Québec and in Europe.
www.yorku.ca /jwalker/Conflict_of_Laws/Description.htm   (194 words)

 Relating to conflict of laws.
For the purposes of sections 1 to 10 of this 2001 Act: (1) 'Law' means any rule of general legal applicability adopted by a state, whether that rule is domestic or foreign and whether derived from international law, a constitution, statute, other publicly adopted measure or published judicial precedent.
Sections 1 to 10 of this 2001 Act govern the choice of law applicable to any contract, or part of a contract, when a choice between the laws of different states is at issue.
The application of this state's law pursuant to this subsection may be waived by a person authorized by this state's law to make the waiver.
www.leg.state.or.us /01reg/measures/hb2400.dir/hb2414.intro.html   (1481 words)

 conflict of laws — Infoplease.com
The defamation of choice-of-law in cyberspace: countering the view that the restatement (second) of conflict of laws is inadequate......
The evolving conflict between employment discrimination laws and immunity under Title VII of the Civil Rights Act and Article VII......
The international law of environmental warfare: active and passive damage during armed conflict.
www.infoplease.com /ce6/society/A0813207.html   (659 words)

 Amazon.co.uk: Conflict of Laws: Books: Raymond Smith,John O'Brien   (Site not responding. Last check: 2007-11-02)
Few areas of English law have experienced a greater degree of change in the last decade than the conflict of laws.
The late Raymond Smiths first edition of "Conflict of Laws" appeared in 1994 and introduced the English conflict of laws to those unfamiliar with this increasingly important area of law.
The text considers the general principles of English private international law before examining the major areas of conflict law jurisdiction and the recognition of judgments; the law of obligations; family law; and the law of property.
www.amazon.co.uk /Conflict-Laws-Raymond-Smith/dp/1859412858   (362 words)

 Section on Conflict of Laws   (Site not responding. Last check: 2007-11-02)
The Conflict of Laws Section's previous symposium was devoted to a retrospective: taking stock of and reflecting on the past century's developments.
Although the bulk of conflicts cases continues to be interstate in nature, the phenomenon of "globalization" assures that courts and counsel are confronted with an ever-increasing number of international transactions.
American conflict scholarship, which used to be characterized by a strong affinity for comparative law, is therefore in danger of losing tough with foreign developments.
www.aals.org /am2001/5240.html   (404 words)

 Laws of Armed Conflict? What Laws?
American forces that tried to comply with the spirit of the standards of the law of land warfare found that they could not physically survive...
The resulting solution was new, daring and paradoxical; it marks a decisive step in the evolution of modern law, which tends to restrict the sovereignty of the state in the interests of the individual.
The parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present convention.
www.tamilnation.org /intframe/war/humanitarianlaw.htm   (2003 words)

 Conflict of laws - Wex
The question to be asked by one concerned with conflict of laws is: "what law should be applied to the case at hand?" 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.
The rules that federal courts must obey regarding which laws to apply are extremely complex and are embodied in the Federal Rules of Civil Procedure (http://www.law.cornell.edu/rules/frcp/).
www.law.cornell.edu /topics/conflicts.html   (256 words)

 Conflict of Laws & Choice of Law - MegaLaw.com
Conflict of Laws - From James Pielemeier, Hamline University School of Law.
Conflict Of Laws In China - By Catherine Cheng Jie.
Conflict of Laws Issues in International Copyright Cases - By Peter K. Yu.
www.megalaw.com /top/conflictoflaws.php   (838 words)

 Conflict of Laws Codification   (Site not responding. Last check: 2007-11-02)
Litigation involving torts and tort actions that transcend state and national boundaries is frequent and economically significant.
Indeterminate Oregon case law, over a period of some thirty-five years, is the main impetus for rules.
During the 2001 Session, the first phase of a project on Conflict of Laws resulted in new law on choice of law for contracts.
www.willamette.edu /wucl/oregonlawcommission/home/work_groups2.html   (104 words)

 Conflict of Laws - International
International Conflict of law resource page with links to international conflict of law cases, international conflict of law articles, international conflict of law glossary, international conflict of law conventions, and more.
From Murdoch University Law, published works such as The European Union's Conflict of Law Rules.
Convention on the Law Applicable to Contractual Obligations
www.washlaw.edu /forint/alpha/c/conflictoflaws.html   (84 words)

 CONFLICT OF LAWS   (Site not responding. Last check: 2007-11-02)
Forum law, unless the primary purpose of the relevant rule of the state of the otherwise applicable law is to affect decision of the issue rather than to regulate the conduct of the trial
(1) The law of the state chosen by the parties to govern their contractual rights and duties will be applied if the particular issue is one which the parties could have resolved by an explicit provision in their agreement directed to that issue.
Law to be applied is that of the place with the most significant relationship to the spouses and the marriage
home.cfl.rr.com /jhsmith/conflict_of_laws.htm   (4985 words)

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