Conflict Of Law Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Conflict Of Law, written in plain English, along with examples of how it is used.
What is Conflict Of Law?
It refers to the laws of different states, or laws of federal and state, which are applicable to the same lawsuit and which have a conflicting effect at its individual places or jurisdiction. For example the laws of business taxation may be different for different coutries and states for the same case.
History and Meaning of Conflict of Law
Conflict of Law is a part of the legal field that deals with cases involving disputes about which jurisdiction's laws should be applied to a particular case. It is also known as private international law, and it has been practiced for several centuries. The concept of conflict of law was introduced during the Roman Empire. Over time, the concept evolved and became more complicated.
According to legal experts, conflict of law principles are necessary to facilitate international trade and avoid disputes that otherwise would make international business transactions more difficult or even impossible. Lawmakers and legal practitioners work towards creating rules that reduce the potential for conflict of laws issues to arise, by developing international legal standards and encouraging harmonization of laws globally.
Examples of Conflict of Law
- A couple is married in one state, but files for divorce in another state, and there are disputes over which state's divorce laws apply.
- A company headquartered in one state faces a lawsuit from a customer in another state, and there are questions about which state's laws govern the case.
- An international agreement between two countries involves laws from both countries, and there is a disagreement over which laws should have precedence.
Legal Terms Similar to Conflict of Law
- Jurisdiction - Refers to the authority of a particular court to hear a case.
- Choice of Law - Involves determining which jurisdiction's laws should apply to a case, and is often a key component of conflict of law cases.
- International Law - Refers to the body of legal principles and agreements that govern relations between nations.