conflicts of law

comity

Comity refers to courts of one state or jurisdiction respecting the laws and judicial decisions of other jurisdictions – whether state, federal or international – not as a matter of obligation but out of deference and mutual respect.

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comity of nations

The “comity of nations” doctrine permits recognition of foreign proceedings to the extent that such proceedings are determined to be orderly, fair, and not detrimental to another nation’s interests. Unlike enforcement of judgments between...

conflict of laws

Conflict of laws refers to a difference between the laws of two or more jurisdictions with some connection to a case, such that the outcome depends on which jurisdiction's law will be used to resolve each issue in dispute. The conflicting...

Egelhoff v. Egelhoff (2001)

A 2001 Supreme Court holding that a woman who was named as the beneficiary of her former husband's 401(k) plan was entitled to inherit the money in the plan, even though state law said that the divorce had automatically revoked her right to inherit. As...

forum non conveniens

Forum non conveniens refers to a court's discretionary power to decline to exercise its jurisdiction where another court, or forum, may more conveniently hear a case. Dismissing a case on forum non conveniens grounds is not a bar for res...

forum shopping

Forum shopping refers to the practice of pursuing a claim subject to concurrent jurisdiction in the court that will treat the claim most favorably. Forum shopping can occur between courts in different states, between federal and state courts...

governing law

Governing law is a contractual provision (also known as a choice of law provision) that determines which law shall apply in the event of a dispute. Such a clause is generally honored by the courts which do not interfere with the agreement...

lex fori

Lex fori is a Latin phrase meaning “law of the forum,” and refers to the laws of the jurisdiction of the court where the action was brought. When there is a conflict of laws that may be applied to a case, the court can decide to follow the...

lex loci

Lex loci is a Latin term meaning the "law of [the] place". The principle that the law of the place giving rise to particular rights is the law that governs the rights of parties to a legal proceeding. This term is particularly relevant in the...

National Conference of Commissioners on Uniform State Laws (NCCUSL)

The National Conference of Commissioners on Uniform State Laws (NCCUSL), also known as the Uniform Law Commission, is a non-partisan, non-profit, unincorporated association that discusses and debates which areas of the law require uniformity...

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