Constitutional Mandate of Lex In Foro Loci Delicti

Franks, Maurice R.

Journal: Cleveland State Law Review

Volume: 21

First Page: 122

Year: 1972

Bluebook Citation: 21 CLEV. ST. L. REV. 122 (1972)

Author: Maurice R. Franks: all 4 publications


Abstract

It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).

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