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Lex fori theory of conflicts of law
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Lex fori theory of conflicts of lawRefuting the vested rightsdoctrine espoused by Beale, Walter W. Cook, in his lex fori theory of conflicts of law, argued against the notion that any right, including a foreign right, can be vested. Instead, Cook contended that courts do not "enforce" rights created under foreign law, but rather enforce domestic rights, which they themselves choose to create and enforce. Implicit in Cook's theory is a bias in favour of the law of the forum, or a "homeward trend," demonstrating a preference for the application by American judges of local law.
RELATED TERMS--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Foreign
That which belongs to another country; that which is strange.
Preference
The paying or securing to one or more of his creditors, by an insolvent debtor, the whole or a part of their claim, to the exclusion of the rest. By preference is also meant the right which a creditor has acquired over others to be paid first out of the assets of his debtor, as, when a creditor has obtained a judgment against his debtor which binds the latter's land, he has a preference.
Application
The primary step in all divorce proceedings and court order. (the standard forms are available from the court office.
Local
Pertaining to a place; something annexed to the freehold or tied to a certain place; as, local courts, or courts whose jurisdiction is limited to a particular place; local allegiance, or allegiance due while you are in a particular place or country; local taxes, or those which are collected for particular districts.
SIMILAR TERMS--------------------------------------
Lex arbitri
Curial law or lex arbitri. The law governing the procedure of the court or arbitral tribunal itself.
Lex causae
The law applicable to the case.
Lex domicilli
The law of the place of domicil.
Lex falcidia
Civil law. The name of a law which permitted a testator to dispose of three-fourtbs of his property, but he could not deprive his heir of the other fourth. It was made during the reign of Augustus, about the year of Rome 714, on the requisition of Falcidius, a tribune.
Lex fori
Practice. The law of the court or forum.
Lex loci
The law of the place.
Lex loci contractus
The law of the place of conclusion of the contracting.
Lex loci damni
The law of the place where the injury occurs. In other words, if an injury appears in another country, the laws of that country governs, provided that the tortfeasor should have foreseen that the damage would occur there.
Lex loci delicti
The law of the place of the tort/delict.
Lex loci solutionis
The law of the place of performance of the contract.
Lex longobardorum
The name of an ancient code in force among the Lombards. It contains many evident traces of feudal policy. It survived the destruction of the ancient government of Lombardy by Charlemagne, and is said to be still partially in force in some districts of Italy.
Lex mercatoria
That system of laws which is adopted by all commercial nations, and which, therefore, constitutes a part of the law of the land.
Lex neminem cogit ad vana seu inutilia peragenda
The law forces no one to do vain or useless things.
Lex non cogit impossibilia
The law does not require impossible things.
Lex non scripta
Lex non scripta or unwritten law. All the laws which do not come under the definition of written law; it is composed, principally, of the law of nature, the law of nations, the common law, and customs.
Lex rei sitę
The law of the place where the thing in dispute is situated.
Lex scripta
Lex scripta or law written. This consists of the constitution of the United States the constitutions of the several states the acts of the different legislatures, as the acts of congress, and of the legislatures of the several states, and of treaties.
Lex solutionis
The law of the place of performance.
Lex talionis
The law of retaliation an example of which is given in the law of Moses, an eye for an eye, a tooth for a tooth, &c.
Lex terae
The law of the land. The phrase is used to distinguisb this from the civil or Roman law.
Lex terrę
The law of the land.
Lex vigilantibus favet
The law sustains the watchful.
PREVIOUS AND NEXT TERMS--------------------------------------
Lex arbitri
Curial law or lex arbitri. The law governing the procedure of the court or arbitral tribunal itself.
Lex causae
The law applicable to the case.
Lex domicilli
The law of the place of domicil.
Lex falcidia
Civil law. The name of a law which permitted a testator to dispose of three-fourtbs of his property, but he could not deprive his heir of the other fourth. It was made during the reign of Augustus, about the year of Rome 714, on the requisition of Falcidius, a tribune.
Lex fori
Practice. The law of the court or forum.
Lex fori theory of conflicts of law
Lex loci
The law of the place.
Lex loci contractus
The law of the place of conclusion of the contracting.
Lex loci damni
The law of the place where the injury occurs. In other words, if an injury appears in another country, the laws of that country governs, provided that the tortfeasor should have foreseen that the damage would occur there.
Lex loci delicti
The law of the place of the tort/delict.
Lex loci solutionis
The law of the place of performance of the contract.
RELATED TERMS--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Foreign
That which belongs to another country; that which is strange.
Preference
The paying or securing to one or more of his creditors, by an insolvent debtor, the whole or a part of their claim, to the exclusion of the rest. By preference is also meant the right which a creditor has acquired over others to be paid first out of the assets of his debtor, as, when a creditor has obtained a judgment against his debtor which binds the latter's land, he has a preference.
Application
The primary step in all divorce proceedings and court order. (the standard forms are available from the court office.
Local
Pertaining to a place; something annexed to the freehold or tied to a certain place; as, local courts, or courts whose jurisdiction is limited to a particular place; local allegiance, or allegiance due while you are in a particular place or country; local taxes, or those which are collected for particular districts.
SIMILAR TERMS--------------------------------------
Lex arbitri
Curial law or lex arbitri. The law governing the procedure of the court or arbitral tribunal itself.
Lex causae
The law applicable to the case.
Lex domicilli
The law of the place of domicil.
Lex falcidia
Civil law. The name of a law which permitted a testator to dispose of three-fourtbs of his property, but he could not deprive his heir of the other fourth. It was made during the reign of Augustus, about the year of Rome 714, on the requisition of Falcidius, a tribune.
Lex fori
Practice. The law of the court or forum.
Lex loci
The law of the place.
Lex loci contractus
The law of the place of conclusion of the contracting.
Lex loci damni
The law of the place where the injury occurs. In other words, if an injury appears in another country, the laws of that country governs, provided that the tortfeasor should have foreseen that the damage would occur there.
Lex loci delicti
The law of the place of the tort/delict.
Lex loci solutionis
The law of the place of performance of the contract.
Lex longobardorum
The name of an ancient code in force among the Lombards. It contains many evident traces of feudal policy. It survived the destruction of the ancient government of Lombardy by Charlemagne, and is said to be still partially in force in some districts of Italy.
Lex mercatoria
That system of laws which is adopted by all commercial nations, and which, therefore, constitutes a part of the law of the land.
Lex neminem cogit ad vana seu inutilia peragenda
The law forces no one to do vain or useless things.
Lex non cogit impossibilia
The law does not require impossible things.
Lex non scripta
Lex non scripta or unwritten law. All the laws which do not come under the definition of written law; it is composed, principally, of the law of nature, the law of nations, the common law, and customs.
Lex rei sitę
The law of the place where the thing in dispute is situated.
Lex scripta
Lex scripta or law written. This consists of the constitution of the United States the constitutions of the several states the acts of the different legislatures, as the acts of congress, and of the legislatures of the several states, and of treaties.
Lex solutionis
The law of the place of performance.
Lex talionis
The law of retaliation an example of which is given in the law of Moses, an eye for an eye, a tooth for a tooth, &c.
Lex terae
The law of the land. The phrase is used to distinguisb this from the civil or Roman law.
Lex terrę
The law of the land.
Lex vigilantibus favet
The law sustains the watchful.
PREVIOUS AND NEXT TERMS--------------------------------------
Lex arbitri
Curial law or lex arbitri. The law governing the procedure of the court or arbitral tribunal itself.
Lex causae
The law applicable to the case.
Lex domicilli
The law of the place of domicil.
Lex falcidia
Civil law. The name of a law which permitted a testator to dispose of three-fourtbs of his property, but he could not deprive his heir of the other fourth. It was made during the reign of Augustus, about the year of Rome 714, on the requisition of Falcidius, a tribune.
Lex fori
Practice. The law of the court or forum.
Lex fori theory of conflicts of law
Lex loci
The law of the place.
Lex loci contractus
The law of the place of conclusion of the contracting.
Lex loci damni
The law of the place where the injury occurs. In other words, if an injury appears in another country, the laws of that country governs, provided that the tortfeasor should have foreseen that the damage would occur there.
Lex loci delicti
The law of the place of the tort/delict.
Lex loci solutionis
The law of the place of performance of the contract.
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This dictionary contains 8526 terms.
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