conflicts of law

Egelhoff v. Egelhoff (2001)

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.

Comity of Nations

Definition

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.

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National Conference of Commissioners on Uniform State Laws (NCCUSL)

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.

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Conflict of Laws

Definition

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.

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