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« LAW, n. | Main | Non judicial »
Saturday
Dec032011

Lex fori

Lex fori

From Wikipedia, the free encyclopedia

 

Lex fori (Latin for the laws of a forum) is a legal term used in the conflict of laws used to refer to the laws of the jurisdiction in which a legal action is brought.[1] When a court decides that it should, by reason of the principles of conflict of law, resolve a given legal dispute by reference to the laws of another jurisdiction, the lex causae, the lex fori still govern procedural matters.[2]

 

  1. ^ "Lex fori". getlegal.com. Retrieved 8 February. 
  2. ^ Collins, Lawrence (2000). Dicey and Morris on the Conflicts of Laws (13th ed.). London: Sweet & Maxwell. p. 157.

Lex Fori refers to the law of the forum, which means the law that the Court naturally applies (e.g. Greek court would apply Greek law)

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Lex fori

   Also found in: Wikipedia 0.01 sec.

[Latin, The law of the forum, or court.] The positive law of the state, nation, or jurisdiction within which a lawsuit is instituted or remedy sought.

The lex fori, or law of the jurisdiction in which relief is pursued, governs all procedural matters as distinguished from substantive rights.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

LEX FORI, practice. The law of the court or forum.
     2. The forms of remedies, the modes of proceeding, and the execution of judgments, are to be regulated solely and exclusively, by the laws of the place where the action is instituted or as the civilians uniformly express it, according to the lex fori. Story, Confl. of Laws, Sec. 550; 1 Caines' Rep. 402; 3 Johns. Ch. R. 190; 5 Johns. R. 132; 2 Mass. R. 84; 7 Mass. R. 515; 3 Conn. R. 472; 7 M. R. 214; 1 Bouv. Inst. n. 860.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

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Reader Comments (1)

Lex fori .. The constitution for the District of Columbia operates under the tyrannical Roman law Lex Fori, which bares no resemblance to the US Constitution.

December 25, 2014 | Unregistered CommenterMike

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