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Conflict of Laws: General Introduction

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Questions and Answers

What is the main purpose of conflict of laws rules?

To resolve public cases like criminal and administrative cases

To dispose of a case with substantive remedy

To create new laws for resolving conflicts

To indicate the law through which final remedy could be obtained (correct)

In what situations does a case contain a foreign element according to Robert Allen Sedler?

When the property is situated within the forum

When the events giving rise to the litigation occurred in the forum

When the parties to the dispute are from different states (correct)

When the case is related to public disputes

What does conflict of laws deal with?

Public disputes

International trade disputes

Disputes of private nature (correct)

Criminal and constitutional cases

What is the nature of conflict of law rules?

It indicates the law through which final remedy could be obtained Signup and view all the answers

Where do conflict problems arise according to the text?

Both at the international and national level Signup and view all the answers

According to Robert Allen Sedler, when does a case contain a foreign element?

When the parties are from different states Signup and view all the answers

What are the three major sub-divisions that conflicts mainly deal with according to the traditional view?

Judicial jurisdiction, choice of law, and recognition of foreign judgments Signup and view all the answers

What does 'jurisdiction' refer to in the context of the text?

The power of a court to entertain a case Signup and view all the answers

Which famous case is associated with the Power Theory (or Territorial Theory)?

Grace V. McArthur Signup and view all the answers

What are the two important facts that give rise to Conflict of laws Problems?

Diversity factor and integration factor Signup and view all the answers

What does the Minimum Contact Theory entail?

That due process requires certain minimum contacts with a territory for a defendant to be subject to a judgment in personam Signup and view all the answers

What is the 'raison d'être' of conflict of laws?

'Raison d'être' refers to the purpose of the existence of conflict of laws Signup and view all the answers

What does 'forum shopping' refer to?

'Forum shopping' is making use of jurisdictional options to affect the outcome of a lawsuit provided that all courts would always apply their own laws. Signup and view all the answers