What is “situs of the res”?

"Situs of the res" refers to the physical location or place where the subject matter of a legal action or
property is situated. In legal terms, "res" typically refers to property or an object that is the subject of
legal consideration. So, the situs of the res would be the specific place where that property or object is
located.
What is “lex situs”?
"Lex situs" is a Latin term that translates to "law of the place" or "law of the situs." It refers to the legal
principle that the laws governing certain issues, particularly those related to property rights and
transactions, are determined by the jurisdiction where the property is located or situated. In other words,
the laws that apply to property rights and transactions are dictated by the laws of the jurisdiction where
the property physically exists, rather than the laws of the jurisdiction where the parties involved are
located or where the transaction took place. This principle is particularly relevant in matters such as real
estate, where the laws governing property ownership, transfer, and use are typically based on the laws of
the jurisdiction where the property is situated.
What is “lex loci actus”?

"Lex loci actus" is a legal term in Latin that translates to "law of the place where the act
occurred." It refers to the principle that the legal consequences of an action, particularly those
related to contracts, torts, or other legal matters, are determined by the laws of the jurisdiction
where the action took place. In essence, the laws that apply to a particular act or event are those
of the jurisdiction where the act occurred, regardless of the domicile or nationality of the parties
involved. This principle is significant in conflicts of law cases, where different jurisdictions may
have different laws governing the same issue.

What is "locus actus"?

"Locus actus" is a Latin term that translates to "place of the act" or "location of the action." In
legal contexts, it refers to the physical location where a particular action or event occurred. This
term is often used in discussions about jurisdiction and conflicts of law, where the location of the
act can determine which laws apply to it.

What is "lex loci intentionis"?

"Lex loci intentionis" is a legal term in Latin that translates to "law of the place of intention." It
refers to the principle that the legal consequences of an action, particularly those related to
contracts or other legal matters, are determined by the laws of the jurisdiction where the parties
intended for the legal effects of their actions to occur.

In essence, it means that the laws governing a contract or other legal matter are those of the
jurisdiction where the parties intended for the legal consequences of their actions to take place,
rather than where the actions physically occurred. This principle is particularly relevant in
situations where parties to a contract have different domiciles or where the contract involves
transactions across borders.
EXAMPLE: Let's say two individuals, one residing in California, USA, and the other in Ontario,
Canada, enter into a contract for the sale of goods. They agree that the transaction will be
governed by the laws of California.

In this scenario, even though the physical act of entering into the contract (signing the
documents, agreeing to the terms, etc.) may have taken place in Ontario, the "lex loci intentionis"
dictates that the laws governing the contract are those of California, as that is where the parties
intended for the legal consequences of their actions to take effect. Therefore, any disputes or
legal issues arising from the contract would be resolved according to California law.

What is "lex fori"?

"Lex fori" is a Latin term that translates to "law of the forum" or "law of the court." It refers to
the principle that the procedural rules and laws of the jurisdiction where a legal action is brought
govern the proceedings of that action. In other words, the laws and rules of the court where a
case is heard determine how the case is conducted, regardless of the substantive laws that may
apply to the underlying legal issues.

For example, if a lawsuit is filed in a court in New York, the procedural rules and laws of New
York (the lex fori) would dictate how the case is managed and decided, even if the substantive
legal issues involved are governed by the laws of another jurisdiction. This principle helps
ensure consistency and fairness in the administration of justice within a particular legal system.

What is "Doctrine of Processual Presumption"?

The "Doctrine of Processual Presumption" is a legal principle that pertains to conflicts of law. It
states that when a court is faced with a procedural issue in a case involving multiple
jurisdictions, it should presume that the procedural rules of the forum or court where the case is
being heard apply, unless there is evidence to the contrary.

In simpler terms, when there is uncertainty about which procedural rules should govern a
particular aspect of a case, the court will typically default to applying its own procedural rules
unless there are specific reasons or evidence to suggest that the rules of another jurisdiction
should apply. This helps ensure consistency and efficiency in the administration of justice within
the court's jurisdiction.

EXAMPLE: Let's consider a scenario where a lawsuit is filed in a court in New York, but the
defendant argues that the procedural rules of California should apply to certain aspects of the
case. The court will apply the Doctrine of Processual Presumption, meaning it will presume that
its own procedural rules (the rules of New York) govern the case unless the defendant can
provide evidence or legal arguments demonstrating why the procedural rules of California should
apply instead.

For example, if the defendant argues that the transaction underlying the lawsuit primarily took
place in California and that the parties agreed to apply California law to the dispute, the court
may consider this argument and decide whether to apply the procedural rules of California based
on the evidence and legal arguments presented. However, absent such evidence or legal
arguments, the court will typically apply its own procedural rules in accordance with the
Doctrine of Processual Presumption.

What is "obiter dictum"?

"Obiter dictum" is a Latin term that translates to "by the way" or "incidentally said." In legal
contexts, it refers to a remark or opinion made by a judge in a court opinion or judgment that is
not essential to the decision reached in the case. These remarks are considered incidental or
tangential to the main issue being decided and do not establish binding precedent.

Essentially, obiter dicta are comments made by judges during the course of a judicial decision
that are not directly relevant to the decision itself. While they may provide insight into the
judge's thinking or reasoning, they do not carry the same weight as the ratio decidendi, which is
the essential legal principle or reasoning that forms the basis of the court's decision and
establishes binding precedent for future cases.

Is testamentary succession the same with testate?

"Testamentary succession" and "testate" are related concepts, but they are not exactly the same.

Testamentary succession refers to the legal process by which a person's property and assets are
distributed after their death according to their will or testament. This process can involve either a
will (testament) or intestacy laws if the person dies without a valid will.

"Testate" specifically refers to the situation where a person dies leaving a valid will that dictates
how their property and assets should be distributed. In other words, if someone dies testate, it
means they have left a will that governs the distribution of their estate.

So, while testamentary succession encompasses both testate (with a will) and intestate (without a
will) scenarios, "testate" specifically refers to the situation where a valid will exists.