U.S. Supreme Court decision in which the Court ruled that a woman who was named as the beneficiary of her former husband's 401(k) plan was entitled to inherit the money in the plan, even though state law said that the divorce had automatically revoked her right to inherit. Because a 401(k) plan is ruled by federal law (ERISA), it overruled the state law.
conflicts of law
To preempt or monopolize an area of statutory law by a higher authority, such as federal preemption over state laws on issues affecting interstate commerce, and state statutes or state constitutions prevailing over laws of cities and counties on certain topics.
A contract provision (also known as a choice of law) that determines which states laws should be followed in the event of a dispute.
The principle that one sovereign nation voluntarily adopts or enforces the laws of another sovereign nation out of deference, mutuality, and respect.
Unlike enforcement of judgments between states in the United States (which is governed by the Comity Clause of the Constitution), there is no Constitutional obligation on a U.S. court to recognize or enforce a foreign judgment. Neither is comity of nations embodied in international law. However, sovereign nations still use comity of nations for public policy reasons.
A non-profit, unincorporated association consiting of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico and the United States Virgin Islands. The purpose of this organization is to discuss and debate which areas of the law require uniformity among the states and territories. The NCCUSL drafts Uniform Acts accordingly.
A Latin term meaning the "law of [the] place". The principle that the law of the place giving rise to particular rights is the law that governs the rights of parties to a legal proceeding.
A difference between the laws of two or more jurisdictions with some connection to a case, such that the outcome depends on which jurisdiction's law will be used to resolve each issue in dispute. The conflicting legal rules may come from U.S. federal law, the laws of U.S. states, or the laws of other countries.
menu of sources
- Article VI - Supremacy Clause; CRS Annotated text
- Article IV, Section 1 - Full Faith and Credit Clause; CRS Annotated text
- 28 U.S.C. §§1738-1739 - State Proceedings
- 18 U.S.C. §§ 848,896,927,2345
- 47 U.S.C. § 741- Satellite and Communications Law
- 19 U.S.C. § 2504 - Trade Agreements
- 45 U.S.C. § 1213 - Railroads
Federal Judicial Decisions
- U.S. Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Conflicts Decisions
State Judicial Decisions
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Conventions and Treaties
Useful Offnet (or Subscription - $) Sources
- Good Starting Point in Print: Eugene F. Scoles and Peter Hay, Hornbook on Conflict of Laws, West Group (2004)