Should i take conflict of laws




















The conflict can be between federal and state laws, among the state laws themselves, or between the laws of different countries. The primary question that arises in the situation of conflicting laws is: which law should be used in resolving the case? Courts follow a certain process in order to determine the law it would apply in deciding a case. In legal parlance, this process is known as characterization or classification.

Courts usually have two choices while determining which law to apply in the case of a conflict:. Federal courts have different rules from those of state courts.

That's because the jurisdiction of federal courts is limited by the constitution. Federal courts must follow a complex set of rules for determining the right law to apply in a case of conflicting laws.

Legal professionals and scholars in civil law refer to the conflict of laws as private international law. It is applied to legal disputes that have a foreign element in them. The principles of conflict of laws are all the more urgent in the context of the United States since many states have their own laws that are different from the laws of other states.

The course will also touch on adjudicatory jurisdiction, recognition of foreign judgments, and tribal sovereignty of American Indian nations.

Roughly one-half of the class days will be devoted to a series of moot court exercises. Students will present oral arguments and act as judges, both asking questions and meeting in conference to decide the cases.

The conflicting legal rules may come from U. The question to be asked by one concerned with conflict of laws is: "what law should be applied to the case at hand? 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.



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