Conflicts of Law - 8/27

Casebook, 9th edition, no suppliments

Why are there conflict of laws? Each state makes its own laws. The matter of sta
te sovergnty is a given in the american constitutional system. This means that e
ach state has its own system of laws and its own courts. Conflict of laws result
when the laws of different states do differ and this is usually because a state
has enacted a statue that changes the common law and makes it different from ot
hers.
A lot of times Canada provincial law and state law are in conflict, this is trea
ted a lot like state to state law.
Example, 2 MI people in a car get in an accident in Ontario, No liability in Ont
ario due to a statute called the guest statute which says you cant sue someone t
hat is riding in your car, ect...
1st issue is a jurisdictional question, could you even hear this case in MI. Def
endant can always be sued in their home state.
A lawyer should take in to account possible differences in the laws of the state
s in question. This can be critical to forum selection.
In all legal systems, private international law elsewhere, enforcing decisions o
f other courts out of the country in another country. Most of the cases in this
class are interstate cases.