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Jurisdiction over a conflict of laws case

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Jurisdiction over a conflict of laws case
« on: April 13, 2019, 07:34:47 AM »
Instances when a court may assume jurisdiction over a conflict of laws case:
SUGGESTED ANSWER:   
1) Statute theory. There is a domestic law authorizing the local court to assume jurisdiction.
2) Comity theory. The local court assumes jurisdiction based on the principle of comity or courtesy. 

ALTERNATIVE ANSWER: 
1. Public Order. To maintain peace and order, disputes that disturb the peace of the forum should be settled by the courts of the forum even though the application of a foreign law is necessary for the purpose. 

2. Humanitarian Principle. An aggrieved party should not be left without remedy in a forum even though the application of a foreign law by the courts of the forum is unavoidable in order to extend relief.

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