Jurisdiction and Conflict of Laws Flashcards
(6 cards)
What does “jurisdiction” determine in a civil dispute with an international element?
A. Which law the court will apply
B. Which country’s court can hear the case
C. Whether enforcement will be necessary
D. Whether appeal rights exist
B. Which country’s court can hear the case
Explanation: Jurisdiction is about which court has authority to determine the dispute, regardless of which law applies.
Which of the following statements is correct regarding applicable law and procedural law in English courts?
A. Foreign procedural rules apply if foreign law governs the contract
B. The CPR only applies if English law is the applicable law
C. The judge decides between English or foreign procedural rules
D. English procedural rules always apply
D. English procedural rules always apply
Explanation: Even if foreign substantive law applies, the Civil Procedure Rules (CPR) will always apply in proceedings before English courts.
A company based in Germany agrees to sell goods to a company in England. The contract specifies that German law applies, but the English courts have jurisdiction. What law will the court apply to determine the contract dispute?
A. English law
B. German law
C. EU law
D. Welsh law
B. German law
Explanation: The parties have chosen German law as the applicable law, which the English court will apply to resolve the substantive issues of the contract.
Fatima, living in England, sues a Spanish hotel in England for personal injury caused on holiday in Spain. Which law will most likely apply to determine liability?
A. Spanish law
B. English law
C. The law of the claimant’s nationality
D. EU consumer protection law
A. Spanish law
Explanation: Under Rome II, the law that applies is generally the law of the place where the damage occurred — in this case, Spain.
An English court accepts jurisdiction in a dispute involving a contract performed in Italy. The parties did not specify applicable law. Which statement is correct?
A. The court must use Italian procedural rules
B. The court will likely apply Italian substantive law
C. English law applies automatically
D. The case must be transferred to an Italian court
B. The court will likely apply Italian substantive law
Explanation: In the absence of a choice of law, the law most closely connected to the contract — often where it is performed — applies under Rome I.
Which of the following best distinguishes “jurisdiction” from “applicable law”?
A. Jurisdiction determines which legal system’s law applies
B. Jurisdiction decides the facts; applicable law determines the judge
C. Jurisdiction determines court authority; applicable law governs the dispute’s substance
D. They are the same in English law
C. Jurisdiction determines court authority; applicable law governs the dispute’s substance
Explanation: Jurisdiction is about where the case is heard. Applicable law is about which law resolves the substantive issues.
