The outcome of this process is law of tort in tanzania pdf to require the courts of one jurisdiction to apply the law of a different jurisdiction in lawsuits arising from, say, family law, tort or contract. The law which is applied is sometimes referred to as the “proper law. Dépeçage is an issue within choice of law.
Naturally, a plaintiff with appropriate knowledge and finance will always commence proceedings in the court most likely to give a favourable outcome. This is called forum shopping and whether a court will accept such cases is always determined by the local law. Even where a conflict of laws exists, the court will recognize the validity of a foreign judgment in most cases.
Full Faith and Credit Clause of the U. Under international law, this authority is part of the doctrine of comity.
The court will invoke comity by its discretion and will usually look to two factors before using its discretionary powers: did the foreign court have jurisdiction, and were fair procedures used in adjudicating the case? The court then allocates each aspect of the case as pleaded to its appropriate legal classification.
Each such classification has its own choice of law rules but distinguishing between procedural and substantive rules requires care. The court may have adopted a rule of law which prevents it from applying any procedural law other than its own. This can include the court’s own choice of law rules. A danger exists if the choice of law requires that a case be heard elsewhere due to the forum’s lack of expertise in deciding an issue of foreign law.
The court then applies the relevant choice of law rules. In a few cases, usually involving family law, an incidental question can arise which will complicate this process.
The United States has adopted a law that almost universally eliminates incidental questions involving family law. A state court will only apply its own law when no parent retains a connection with the original jurisdiction and when substantial evidence is available in its forum to make a custody or maintenance determination. The “traditional approach” looks to territorial factors, e.