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Legal Definitions - false conflict of laws
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Definition of false conflict of laws
False conflict of laws refers to a situation where there appears to be a conflict between the laws of different states or countries, but in reality, there is no actual conflict. This can happen for several reasons:
- The potentially applicable laws do not differ
- The laws' underlying policies have the same objective
- One of the laws is not meant to apply to the case before the court
- One state has a dominant interest in having its law chosen to govern the case
- The laws of all states that are relevant to the facts in dispute either are the same or would produce the same decision in the case
For example, if a person from New York gets into a car accident while driving in New Jersey, there may appear to be a conflict of laws between the two states. However, if both states have the same laws regarding car accidents, there is no actual conflict.
The body of jurisprudence that deals with resolving conflicts of laws is called choice of law or conflicts of law. It helps to determine which law should apply in situations where there is a conflict between the laws of different states or countries.
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Simple Definition
A false conflict of laws is a situation where it appears that there is a conflict between the laws of different states or countries, but in reality, there is no actual conflict because the laws are the same or have the same objective. It can also occur when one state has a dominant interest in having its law chosen to govern the case. The body of jurisprudence that deals with resolving these differences is called conflict of laws or choice of law.
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