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 ?

(27.) Woodward, supra note 5, at 17 (stating that "The relevant conflicts rules for analyzing contractual choice of law clauses have been articulated in the Second Restatement of Conflict of Law Section 187, which is recognized by a plurality of states.") (Citing Restatement (Second) of Conflict of Laws [section] 187(2) (1989) and Symeon C.

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On the questions of conflict of jurisdictions' and conflict of laws', Community law says nothing.

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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." Quite apart from its revolutionary content, this scholarship is extraordinary in three principal ways.

Realism and revolution in conflict of laws: in with a bang and out with a whimper

In certain cases, a conflict of law may arise between the Hague

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evolve just as the Erie doctrine has, from a traditional conflict of law

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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.

Edward John Eyre and the conflict of laws

Despite characterization being the first step which the courts have to encounter in any given conflict of laws case, few would doubt the accuracy of the above statement in relation to the degree of clarity that common law courts have given to the characterization process.

Characterization of proprietary restitution in the conflict of laws

(10) However, while New York was once a respected leader in the field of conflict of laws, its influence in the field has decreased over the last several decades.

A neu Neumeier: the need for a more flexible framework for choice of law in the state of New York

HOW splendid that Sharia law has been amplified for a top legal audience by the senior Anglican Archbishop, as a supplementary addition to British law, provided of course there would be no conflict of laws.

Letter: Amending the law

There, she received the American Jurisprudence Prize Award in Conflict of Laws. She then attended Georgetown Law School and attained her LLM in Taxation.

Hudson Land Company, LLC

1784, a decision of the Court of Appeal which the judge suggested, at the very least, cast doubt on the question whether Jewish law, as opposed to the law of a country, could ever be adopted, expressly or otherwise, as the law applicable to contract ...under English conflict of laws principles."

In litigation prior to trial over validity and effect of Compromise Agreement among Jewish family members as to size and allocation of decedent's estate where Rabbinical tribunals in New York and Switzerland are involved, .....