Entering Into A Lawsuit With Any Business Or Person Who Resides In A Different State Or Country

Entering into a lawsuit or dealing with any other legal matter in America and most other countries is a very difficult and time-consuming process. If you are interested in learning more about the specific laws surrounding lawsuits between states or countries, or if you plan to be entering a similar lawsuit at any point in the future, it is vital that you understand exactly how the difference in location can alter the outcome or legality surrounding any sort of lawsuit or legal dispute.

Basic Rules Of Conflicting Laws

In different states across America, and in different countries throughout the world, the laws that any judge or court must abide by are quite different. Although federal law in America is "the supreme power of the land" (as stated in the Supremacy clause in the U.S. constitution), each state still has the power to decide upon and enforce their own unique laws in cooperation with all constitutional or federal laws set forth. In the event of any conflict between state and federal law, or in a case where abiding both federal and state law becomes impossible, any state laws that are conflicting will be invalidated by the court, an action referred to as "federal preemption".

In the event of a court case that may involve multiple states or countries, the decision turns to a matter of jurisdiction. The jurisdiction relating to the state or country in which the event that brought about the legal matter or litigation in the first place can be applied to any court case. Additionally, contracts can be made to include a jurisdiction clause that will apply the jurisdiction of said state or country to any relating legal matters that arise in the future, forcing all the involved parties to conduct all legal matters under a specific jurisdiction. 

Private International Laws And International Lawsuits

Any legal matter that involves a contractual agreement between parties from different countries will use private international law to determine which jurisdiction and legal system the case will be conducted under. In any matter involving a conflict of laws, three basic principles are used to determine the outcome.

• The initial issue that will be brought to the decision will involve the current forum or court's ability to resolve the case at hand. If the laws or legal system of a country or region can not resolve the issue, jurisdiction will be transferred to the able governing force.
• The choice of laws that will be used in the case to reach a verdict acts as another deciding factor. If the dispute revolves around laws that do not apply in a particular legal system, the case would fail to exist at all.
• The ability of participating countries to recognize and enforce the judgement laid down by any other country is another deciding factor in any conflicts of laws situation. An identical judgement must be able to be applied and enforced to all participating entities without having another legal hearing in any country that is involved in the current matter.

These three conditions must be met and will be used in all legal matters to determine where the hearing and judgement will take place and what laws will apply.

WORK IN PROGRESS--