What Are Conflict of Laws?
Conflict of laws occurs when there are several possible laws that could apply, and those laws mandate different results. For example, if an accident occurs within a state, state law usually applies. If both parties were residents of a different state, however, an argument could be made that the law of the state in which they live applies. When two laws conflict, the court must decide which law should apply. There are formal organized rules in place in the legal system, called conflict of laws rules, which help a court make a determination on which law to apply in a given situation. The court first must settle these conflict of law questions before beginning to hear the merits of the case and deciding on a resolution to the dispute.
