Learn what legal characterization is and why choice-of-law analyses often turn on how a court classifies a case or an issue within it.
Choice of law represents a system of rules to decide which jurisdiction's law to apply in cases involving parties or events connected to multiple jurisdictions. This chapter will introduce some fundamental concepts in choice of law. In this lesson, we'll talk about legal characterization, a process by which a court either classifies a claim by subject matter or classifies a discrete issue as one of substance or procedure.
In most instances, legal characterization entails classifying a claim...