FREE IL Bar Conflict of Laws Questions and Answers
What is the “renvoi” doctrine, and how is it treated in Illinois?
Illinois courts typically reject renvoi, meaning they apply only the substantive law of the other jurisdiction, not its choice-of-law rules.
What rule does Illinois follow for determining the applicable law in a case involving personal property?
For personal property disputes, Illinois typically applies the law of the state where the property is physically located.
What is the "choice of law" principle in conflict of laws?
In Illinois, "choice of law" refers to the process by which a court determines which jurisdiction’s laws govern the legal issues in a case.
How does Illinois handle conflicts in cases involving corporate internal affairs?
Illinois follows the internal affairs doctrine, which means that the law governing a corporation’s internal affairs is the law of the state where the corporation is incorporated.
What approach does Illinois follow for tort conflicts in determining the applicable law?
Illinois uses the "most significant relationship" approach from the Restatement (Second) of Conflict of Laws to determine the applicable law in tort cases, considering factors like where the injury occurred and the parties' connections to the jurisdictions involved.