260 0 obj endobj Written by one of the leading scholars of private international law, this third edition is an accessible introduction to the challenging area of the conflict of laws. Jurisdiction / conflict of laws. Jurisdiction - whether the forum court has the power to resolve the dispute at hand. Surrogacy contracts or the "reasonable man" standard in torts, for example, have long been the subjects of thorough feminist analysis and critique. Both English and Canadian cases are reviewed in a . American Bar Association Journal The Law of Civil Transactions 1985 determines the applicable laws for different types of cases. Parties negotiating any contract of substance, especially one with a cross border element, should consider the most appropriate form of dispute resolution for any disputes arising under it. 0000009307 00000 n For terms and use, please refer to our Terms and Conditions plain statement of the grounds upon which the court's jurisdiction depends, unless the court already has . General . Chapter One deals with the problem of local jurisdiction, namely the question whether a court may validly under its law and the Federal Con-1. It was established in 2004 and has regularly met to discuss issues of intellectual property, private international law and jurisdiction since then. Based on such smart contracts, some providers of blockchain technologies offer 'to act as a digital jurisdiction'. Appellate Jurisdiction– the power for a higher court to review a lower courts decision. Section 6 of 1 Restatement of the Law 2d, Conflict of Laws 10, provides as follows: " (1) A court, subject to constitutional restrictions, will follow a statutory directive of its own state on choice of law. Conflict of laws is an institution of international law and intranational ( interstate) law that regulates all lawsuits involving a "foreign" law element where different judgments will result depending on which jurisdiction 's laws are applied as the lex causae. Private international law firmly establishes that the plaintiff may bring any suit in the courts of a State in which the defendant is resident. Some common synonyms of scorn are contemn, despise, and disdain. What is the significance of jurisdiction? exclusive jurisdiction. limitations law that had been developing for centuries, and acted to pro-tect this internal law from the influence of foreign law.0 The view general-ly held in most of the continental civil law countries at that time was that the state or country whose substantive law governed the case should Jurisdiction and Conflict of Law in the UAE. <>/MediaBox[0 0 612 792]/Parent 251 0 R/Resources<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> 0000007773 00000 n ];su-I�3`p �R]W�P�HCS[G�������������������������+8$����/ 0(�? lOMoARcPSD|4180970 Jurisdiction- Conflict of Laws Conflict of laws (University of London) StuDocu is not sponsored or 0000032789 00000 n endobj 0000028325 00000 n CONFLICT OF JURISDICTION. Overview of Personal Jurisdiction. 0000023256 00000 n All three are involved in the punitive damages wars. The governing law provision usually includes a clause for exclusion of conflict of laws principles. Private International Law or conflict of laws is that part of the law of a State which comes into operation whenever there is a dispute before a court which contains a foreign element. H�|T�N1��W��^\�yKR��^��/�"$�� ��1�lK\`�{1э�=u� &F����C��L�k$b� ��|�BSG��Q&�r��m��q��[)�é��f. As stated above, the first question in an international case potentially involving conflict-of-laws problems is which court has jurisdiction to adjudicate the matter. JUDICIAL INTERPRETATION OF DIVORCE JURISDICTION IN THE CONFLICT OF LAWS OF the various ways in which the common law may develop, that of the reformulation (whether deliberate or unintentional) of traditional concepts, divisions and interpretations of law is not the least important. Explanation of the Constitution - from the Congressional Research Service There are two main reasons for this: It avoids the likelihood of any future argument that the law of a different jurisdiction should be applied on the grounds of conflict of laws principles. This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. 259 0 obj Jurisdiction of legal residence refers to the geographical area over which the authority extends or covers. 0000023971 00000 n endobj conflict of laws, Opposition or contradiction in the applicable laws of different states or jurisdictions regarding the rights of the parties in a case.Rules have been created to help determine which set of laws is applicable in a given case, which judicial system is most appropriate for trying the case, and the extent to which other jurisdictions are expected to honour or enforce the outcome . <>stream This portion is taken from Part II, which is headed "Jurisdiction of Courts", and consists of three of the eight chapters on the subject. 3 These rules determine which court has jurisdiction and which law applies 1 "E nf orce met f a ign judg t i vo lv s cu t' ak g s po ce d t t y with he If courts did not exercise appropriate jurisdiction, every court could conceivably hear every case brought to them, which would lead to confusing and contradictory results. 0000006947 00000 n ����HRj�mAb�J���l/������/��/��:*̖�I�D�'$j�j2���=,�I{��ŝl��ѯo��Uu'��'��� ��������! Conflict of Laws Defined. the official power to make legal decisions and judgments. Where litigation is the chosen forum, parties should agree both a governing law and a jurisdiction clause to help interpret the contract and resolve any future disputes. Conflicts law is conventionally divided into three categories: jurisdiction, judgment recognition, and choice of law. <>/Border[0 0 0]/Rect[314.152 108.3415 392.488 116.3495]/Subtype/Link/Type/Annot>> 264 0 obj With nearly 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. means a conflict between or among trade bureaus as to the exercise of jurisdiction over an occupation or trade for which a license is required under the provisions of the Construction Industries Licensing Act; The Fifth Edition provides a comprehensive set of teaching materials for the course in Conflict of Laws as it is taught in most American law schools. 2 : a right or power to influence action or decision especially : the authority to make final decisions. "[T]he general and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the . endstream Permissible Exercise of Jurisdiction (Can we exercise jurisdiction?) Free with 7-day Trial Membership. 255 42 0000006502 00000 n noun. H�tT�n�0��+�I�,4�k����6 �(��?�z�Y+_hkD�hH!#�GRj���ǫ�h�O�^���b{��dz{�܅ The term conflict of laws itself originates from situations where the ultimate outcome of a legal dispute depended upon which law applied, and the manner in which the court resolve the . Original Jurisdiction– the court that gets to hear the case first. These traditional principles were later adjusted to internet contacts. endobj Volume 1 sets out general principles, definitions, procedures, and issues relating to jurisdiction. Volume 2 looks at specific areas of law that are most likely to feature in conflict of laws cases. Conflict-of-laws and jurisdiction rules supplement such protection by submitting the cases to the competence of the courts and of the legislation of the country of the tort victim or the consumer, as the case may be. Jurisdiction. conflict of laws, that part of the law in each state, country, or other jurisdiction that determines whether, in dealing with a particular legal situation, its law or the law of some other jurisdiction will be applied. CONFLICT OF JURISDICTION. Press ESC to cancel. How is jurisdiction determined under private international law? endobj definition. When this happens to be the case, it becomes necessary to decide which law is to be obeyed. <>/Border[0 0 0]/Rect[81.0 653.07 232.6438 707.07]/Subtype/Link/Type/Annot>> 0000014773 00000 n Each state, for instance, is a jurisdiction which has the power to pass laws or rule a certain people in a specified geographical area. the law of the country in which the property is located could be applied). <<>> The Convention's rules on jurisdiction are . 0000028499 00000 n An icon used to represent a menu that can be toggled by interacting with this icon. The contest between two officers, who each claim to have cognizance of a particular case. 0000003611 00000 n 0000002590 00000 n The law is moving rapidly in each of these cate- gories. That branch of jurisprudence, arising from the diversity of the laws of different nations, states, or jurisdictions, that reconciles the inconsistencies, or decides which law is to govern in a particular case. Domicile; Intention and Capacity; Pervasive Problems; Substance and Procedure; Jurisdiction to Adjudicate; Due Process Limits on Jurisdiction; Consent; Ownership and Use of Property'; In Rem and Quasi In Rem Jurisdiction Defined; Forum Non ... Some common synonyms of ignore are disregard, forget, neglect, overlook, and slight. Conflict of laws principles is a set of rules for determining which law to apply in a case over which two or more contradictory laws seem to have jurisdiction. power; authority; control: He has jurisdiction over all American soldiers in the area. 0000062717 00000 n The functions of the conflict of laws can be summarised into three broad categories: jurisdiction, applicable law and enforcement.4 Jurisdiction describes the conditions under which a domestic court will have power to hear a claim. �}Lx����$b#�;���.c�p6��F�LHW(��D�1c�Ζ���e3�&�c s8���` �Z�n Begin typing your search term above and press enter to search. It is necessary to have all the relevant laws of that country translated into Arabic and put before the . in another jurisdiction. [1] Resources Notes and References. 0000004580 00000 n (b) argue that the court should not exercise its jurisdiction. ��� to give audible expression to; speak or pronounce: unable to utter her feelings; Words were uttered in my hearing. <>/Border[0 0 0]/Rect[380.61 646.991 540.0 665.009]/Subtype/Link/Type/Annot>> 262 0 obj The contest between two officers, who each claim to have cognizance of a particular case. Ontario's Succession Law Reform Act2 ("SLRA") provides the modern rules that deal with conflict of laws issues in estates law. It can also be Where litigation is the chosen forum, parties should agree both a governing law and a jurisdiction clause to help interpret the contract and resolve any future disputes. First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company. This item is part of a JSTOR Collection. %%EOF 0000001885 00000 n The article is taken from a new book on conflict of laws, to be published this summer. This book is a detailed and up-to-date study of conflict of laws, and focuses on its three main areas: the law of obligations, law of property, and law of persons. A conflict of jurisdiction arises if a dispute can be brought entirely or partly before two or more different courts or tribunals, while a conflict of law results from two or more norms which are different in substance but apply to the same or similar facts, and whose application would lead to Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, ... *:&!>1),\�x��U6mz��u�7nٺ�����w�ܵ{��C�N�9|���'N�=������$�@$���`� ��`� L���@$X!P< D����`]a`���N@����� This is thus jurisdiction in the sense of adjudicatory jurisdiction. " (2) When there is no such directive, the factors relevant to the choice of the applicable rule of law include. 0000003877 00000 n Though a little unorthodox, it is often effective and, indeed, under certain circumstances the only effective . 267 0 obj endobj © 1959 American Bar Association <>/Border[0 0 0]/Rect[137.7 617.094 168.456 629.106]/Subtype/Link/Type/Annot>> October 29, 2021 / 0 Comments / in Views / by Thalia Kruger. American conflicts law, an argument for separation of inter-national and interstate conflicts, and a discussion of sources, such as international law, federal, and state law. A jurisdiction is an area with a set of laws under the control of a system of courts or government entity which are different from neighbouring areas.. Each state in a federation such as Australia, Germany and the United States forms a separate jurisdiction. Jurisdiction is important because it limits the power of a court to hear certain cases. Much of the work handled at 7KBW has an international character, involving questions about which law (s) should apply, which court or tribunal has jurisdiction to hear the dispute . <>/Border[0 0 0]/Rect[81.0 211.794 399.36 223.806]/Subtype/Link/Type/Annot>> "The Treaties " are defined in Article 1 of the TEU as being the TEU itself and the TFEU. While conflict-of-laws principles can be perplexing, one thing is certain: A complaint is not dismissed or transferred simply because choice-of-law rules require application of the law of a state other than the forum state. 0000004130 00000 n Some common synonyms of jurisdiction are authority, command, control, dominion, power, and sway. Thus, a federal court may require a state to stop certain behavior it believes interferes with, or is in conflict with, federal law. The governing law provision usually includes a clause for exclusion of conflict of laws principles. endobj 263 0 obj Finding a choice of law provision in a contract of sale between two businesses was unenforceable because Pennsylvania, the state where the fatal work-related injury occurred, had a "materially greater" connection to the matter than did Texas. On a federal level, due to the absence of any particular statute, the US jurisprudence developed a case law of personal jurisdiction and conflict-of-laws rules. Conflicts of Jurisdiction 9 b. Applicable Law 10 4. Thus, a federal court may require a state to stop certain behavior it believes interferes with, or is in conflict with, federal law. Conflict of laws is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This authoritative text covers jurisdiction and interstate and international private litigation in torts, contracts, business planning, family law (marriage, same-sex relationships, property rights, support, child custody), property, ... A conflict of laws exists where there are competing laws of different countries on the same issue. The Appellate Court in Lublin, Poland passed two separate decisions that stand by the principle that a challenge to international jurisdiction must be clear, substantiated and made right away in the defendant's first appearance before the court. "An Epoch in the Law" The first systematic work on the subject and an indisputable legal classic, Story's Commentaries on the Conflict of Laws synthesized the standard sources of the day, both Anglo-American and Continental, analyzed them ... 0000006006 00000 n Jurisdiction classified into three categories, viz., (1) jurisdiction over the subject-matter; (2) territorial jurisdiction; and (3) pecuniary jurisdiction. Principles or Bases of Jurisdiction and U.S. Courts This section provides examples of how U.S. courts apply each of the five principles; that is, territoriality, protective principle, nationality/active personality, passive personality, and universality. Several decades ago, however, conflicts scholars began increasingly to criticize the territorial approach to choice of law. The Principles make defendant’s residence only one basis of adjudicatory authority. Hierarchical Display of Conflict of jurisdiction Law > Organisation of the legal system > Legal system > Jurisdiction Politics > Politics and public safety > Institutional activity > Competence of the institution > Division of powers > Conflict of powers Conflict of jurisdiction Concept of […] Initial Remarks 4 2. 0000014594 00000 n 0000004399 00000 n 0000003347 00000 n 0000008685 00000 n Accordingly, although an interstate dispute is litigated in a Massachusetts court, the court might apply the substantive law of another state to resolve that dispute. 0000007355 00000 n 270 0 obj United States of America 12 a. Parties negotiating any contract of substance, especially one with a cross border element, should consider the most appropriate form of dispute resolution for any disputes arising under it. Antonyms: freedom, independence, immunity, exemption. Territorial jurisdiction of the court imposing the penalty. endobj 0000010206 00000 n 0000008936 00000 n (1) A defendant who wishes to – (a) dispute the court’s jurisdiction to try the claim; or. 255 0 obj United States: Court Finds Choice of Law Provision in Contract Unenforceable Posted on 30 Jan 2020 by Thomas A. Robinson. Synonyms: administration, cognizance, government, control, sway, power, legalization, magistracy, liability. The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years, and Israeli policiesgenerally in respect of the Palestinian Territories. Are Custom Essay Writing Services Legal and Safe? Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. Feminist writers have long engaged in critiques of private law. Conflict of Laws have been established as the direct result of the principle of the territoriality of law. may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have. This text covers the broad area of private international law. These cases assist with the interpretation of the statutory provisions however, there are not a great number of family law precedents as these cases do not tend to reach the Court of Cessation. QR codes are not as safe as you think, here’s why. startxref prescribed by law.” In the latter case the same Justice says: “Jurisdiction is the power to hear and determine the subject-matter in controversy between parties to a suit, to adjudicate or exercise any judicial power over them; the question is, whether on a case before a court, their action is judicial or extrajudicial …. Lopez [515 U.S. 549 (1995)] the Supreme Court determined that state gun possession laws near school do not violate the dormant commerce clause because a state may regulate local aspects of interstate commerce as long as the local regulation does not conflict with, or is not pre-empted by, federal regulation and the regulation meets the . Jurisdiction clauses in contracts present significant problems to the parties to the con tract and to the courts which must interpret them. 0000061218 00000 n 296 0 obj Courts faced with a choice of law issue have a two-stage process: i. the court will apply the law of the forum (lex fori) to all procedural matters and ii. to express (oneself or itself), especially in words. PROBLEM: It is ambiguous, wherein it is hard to frame a satisfactory definition of it. Conflict of Jurisdiction In the Past. Request Permissions, Read Online (Free) relies on page scans, which are not currently available to screen readers. 0000009553 00000 n Although the plaintiff decides where to sue, the courts in that location may not have jurisdiction, or they may have jurisdiction but be unwilling to exercise it, for reasons of forum non conveniens (Latin . While all these words mean “to regard as unworthy of one’s notice or consideration,” scorn implies a ready or indignant contempt. <<93D8D6262EAAB2110A00508F3EC1FD7F>]/Prev 901412>> Learn about in personam, in rem, and quasi in rem jurisdiction, along with the constitutional and statutory requirements for a court to exercise them. exists where one court has the power to adjudicate a case to the exclusion of all other courts. View mind map - Conflicts of Law.pdf from LAW 2021 at La Salle University, Ozamiz City. jurisdiction. This treatise is a basic reference to the Leflarian view of conflicts law. It analyzes choice of law questions and judicial jurisdiction, comparing the laws of overlapping jurisdictions at the state and federal levels. �G� SO#��XsC��--niX��Qh%��ߜ���Mӡ�\����3�dƲ'�4��-!Y珺��-F1��������)�aK�m�t��Z��5�E����I�I��� ���Ǚ���1=���ɓ�e����,��6�7��_�H�c5���w:%���� 256 0 obj 0000003089 00000 n it . 271 0 obj Indeed, the entire Conflict field is in a state of flux and change, most noticeable in the areas of jurisdiction, torts and contracts. Personal jurisdiction is a court's power to decide parties' rights . 3 archaic : something that is said : statement. adverb. To access this article, please, Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. 0000001776 00000 n by Michal Kocur and Jan Kieszczynski of Wozniak Kocur, a Polish litigation boutique law firm. Which law governs disputes involving corporations? Depending on your installation, more than one type of jurisdiction may apply. 3. 0000002837 00000 n 258 0 obj There is a list of terms of the Bouvier's Law Dictionary, including . Smart contracts create agreements that are both automatable by computers and enforceable via the tamper-proof execution of computer codes. much change has taken place in the law as to jurisdiction in Conflict cases. This subject has occupied the . The books starts with a discussion of traditional approaches to choice-of-law problems, followed by an examination how modern courts and commentators have struggled to formulate more responsive approaches. Europe 7 a. Partialy, this information about conflict of jurisdiction is based on the Bouvier's Law Dictionary, 1848 edition. endobj Share. 1 : an expression of opinion had my say. Article 16: substantive matters relating to guardianship, trusteeship, and maintenance or other systems, laid down for the . Jurisdiction in the courts of a particular state may be determined by the location of real property in a state (in rem jurisdiction), or whether the parties are located within the state (in personam jurisdiction). <>/Border[0 0 0]/Rect[81.0 617.094 129.672 629.106]/Subtype/Link/Type/Annot>> the extent or range of judicial, law enforcement, or other authority: This case comes under the jurisdiction of the local police. with the voice: to utter a sigh. Jurisdiction in private international law is concerned with the question of which court is competent to hear an international case. Hence, conflict of laws is a general term to refer to disparities among laws, regardless of whether the relevant legal systems are international or inter-state. 269 0 obj Power of a court to adjudicate cases and issue orders. U.S. Constitution Annotated Toolbox. endobj Blockchain technology promises to perform tasks that have traditionally been assigned to the law and the realm of legal institutions. New to the Fourth Edition: Substantially revised personal jurisdiction chapters to add latest Supreme Court cases New material on full faith and credit and immunity of state governments to suit in sister states in response to recent Supreme ... JURISDICTION, ENFORCEMENT AND THE CONFLICT OF LAWS[2016] EBLR 905 Member State concerned, unanimously decides to extend this period ". On these pages Dean Stimson examines in clear and concise language the leading cases dealing with the problem. An icon used to represent a menu that can be toggled by interacting with this icon. This is thus jurisdiction in the sense of adjudicatory jurisdiction. This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. It avoids a renvoi, wherein a court refers a dispute . by Edward S. Stimson Dean of the College of Law, University of Idaho Jurisdictional problems are accentuated by the federal system of gov ernment under which we live, and even the Supreme Court of the United States has not always been consistent in its rulings on jurisdictional ques tions. As previous modules have shown, the laws in force in different countries pertaining to the internet vary considerably. endobj Conflicts of Jurisdiction 12 b. Applicable Law 14 5. 0000005006 00000 n In Greece, there are no conflict-of-laws or jurisdiction rules of national origin Adjudicatory, or judicial, jurisdiction in private international law deals with the conflict of jurisdictions. <>/Border[0 0 0]/Rect[81.0 649.194 232.6438 661.206]/Subtype/Link/Type/Annot>> endobj Conflict of Laws-Jurisdiction of the Subject-Matter-Collateral Attack-[Fed-eral].-The plaintiff sued in an Illinois court to collect on bonds which had been guar-anteed by the defendant. Civil Code) and partly in case law. the property (Restatement (First) Conflict of Laws, 1934). 0000032605 00000 n Competing jurisdictional issues arise where more than one jurisdiction applies. Article 13: The law of the state in which the husband is a national at the time the marriage is contracted, shall apply to personal status and the division of property, resulting from the contracting of the marriage. <>stream How many types of jurisdiction are there? Seven Emirates make up the UAE being: Dubai; Sharjah, Abu Dhabi, Fujeira, Ras Al Khaimah, Um al Quwaim and Ajman. 268 0 obj Says Story: "Before entering upon any examination of the various heads, which a treatise upon the Conflict of Laws will naturally embrace, it seems necessary to advert to a few general maxims or axioms which constitute U^4�b�c��I��`���a]��w.,/��OPcd���р�K1���f�K#�X �;�1��*L� What is jurisdiction in private international law? 266 0 obj Authority of the court to impose the penalty imposable given the allegation in the information. (I.e. 1. It is the purpose of this study to note these changes in . The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. Extensive description and analysis of leading cases make this book an excellent companion to a casebook as well as a resource for practitioners. i. Connectors a) Territorial Principle: Jurisdiction based on where the act was done ? This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure. Article 13: The law of the state in which the husband is a national at the time the marriage is contracted, shall apply to personal status and the division of property, resulting from the contracting of the marriage. The author discusses the difficulties which arise when a contract attempts to oust the jurisdiction of the court and the ap proaches taken by the court to overcome or comply with jurisdiction clauses. Each province and territory in Canada has its own set of rules for determining when it will apply the laws of another jurisdiction or hear disputes connected with another jurisdiction. to give forth (cries, notes, etc.) This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court . 0 Subsequent provisions specify other bases of jurisdiction. The European Max Planck Group on Conflict of Laws in Intellectual Property (CLIP) is a group of scholars in the fields of intellectual property and private international law. The Third Edition adds new Supreme Court decisions, provides a new chapter on transfers and forum non conveniens, and adds coverage of the new European Union rules on inheritance and wills. Latin America 15 5.1. Internet: New Challenges for Law 5 3. With a personal account, you can read up to 100 articles each month for free. 261 0 obj <>/Border[0 0 0]/Rect[145.74 226.194 269.532 238.206]/Subtype/Link/Type/Annot>> of State laws. conflict of laws rules. Within these areas, therefore, it is obvious that questions of choice of law can arise between the Australian States (and Territorial juris dictions) as well as between Australian jurisdictions and foreign States. However, in practice foreign laws are very rarely applied for the following reasons: The application of foreign laws is a time consuming and difficult procedure. 0000005519 00000 n It avoids a renvoi, wherein a court refers a dispute . The aim of this article is not to set down all the State rules of conflict of laws Under the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict. 2. Conflict of law rules (i.e., private international law) do not change this picture dramatically. Adjudicatory, or judicial, jurisdiction in private international law deals with the conflict of jurisdictions. Jurisdiction/Conflict of Laws A. "Conflict of Laws" refers only to competing jurisdictional issues, not laws within a single jurisdiction which appear to "conflict" with each other.
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