Defenses to Applying Foreign Law
Learn about select doctrines that allow a forum court to avoid applying another jurisdiction's law, despite the outcome of any choice-of-law analysis.
Welcome to Defenses to Applying Foreign Law! In this lesson, we’ll review three doctrines under which a court may refuse to apply specific rules of foreign law or entertain a cause of action arising under foreign law, even if the governing choice-of-law rules direct the court to do so. The three doctrines are the public-policy exception, the penal-law exception, and the revenue rule.
Under the public-policy exception, a court need not apply a specific rule of foreign...