Timeline for What is personal jurisdiction and how can it allow someone to not respect the copyright of another individual?
Current License: CC BY-SA 4.0
6 events
| when toggle format | what | by | license | comment | |
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| Dec 2, 2021 at 18:18 | comment | added | ohwilleke | Choice of law applies to all areas of law. The "choice" in that term refers to the choice of the court regarding what law to apply, rather than to a choice made by the parties. For example, in a case involving a car accident in the U.S. brought in Australia because all parties and the assets of all parties were there, U.S. traffic laws and tort principles would be applied. Sometimes different jurisdiction's laws are even applied to different legal issues in the same case, something called "dépeçage". en.wikipedia.org/wiki/D%C3%A9pe%C3%A7age | |
| Dec 2, 2021 at 10:54 | comment | added | Dale M♦ | @ohwilleke choice of law generally applies only to contracts; this was a tort case and I don't believe that there could be an agreement to use foreign law in such a case. | |
| Dec 2, 2021 at 10:51 | history | edited | Dale M♦ | CC BY-SA 4.0 |
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| Dec 1, 2021 at 19:06 | comment | added | ohwilleke | Worth noting that there are a couple of distinct questions present. The first is which courts could have personal jurisdiction over the defendant - not Texas, probably Australia, maybe some other courts too depending on the detailed facts. There is an analytically distinct question of "choice of law". It is conceivable that a court in Australia, for example, might apply non-Australian law to the case, for example, due to a choice of law clause in the licensing agreement, or because another jurisdiction has the "most significant connection" to the disputed issue. | |
| Nov 30, 2021 at 23:49 | vote | accept | CommunityBot | moved from User.Id=25884 by developer User.Id=44957 | |
| Nov 30, 2021 at 20:35 | history | answered | Dale M♦ | CC BY-SA 4.0 |