When a crime takes place in more than one state or country there may be a question or conflict about what law should rule the case. A case could be connected to two states, and their laws may differ. The case's outcome could be different on any given issue, depending on which law applies. This legal issue is called conflict of laws.
The conflicting legal rules may come from US federal law, the states or other countries. Some crimes implicate the laws or more than one country or state because some of the crime's elements are linked to more than one jurisdiction or place. The elements may be:
- Events giving rise to the crime
- Location of the crime's object
- Nationality, citizenship, domicile, residence or other affiliation of parties in a case
Conflict of laws recognizes each state or country involved has a claim to apply its own law, so conflicts do come up.
Criminal Offenses Involving More Than One District
There are two offense types involving more than one district or place. In the first type, the crime takes place in only one district, but it affects interests protected by a federal criminal law in another district. For example, a defendant is released on bond pending appeal in one district, and fails to abide by a court order to report to federal prison in a different district.
In the second type of case, the defendant commits criminal acts in more than one district. Conspiracy is an example, say a criminal agreement is made in one place, but the action carrying it out happens in another.
Categories of Conflict
There are four conflict categories:
- Conflict between states' laws
- Conflict between laws of a state and a foreign country
- Conflicts between state and federal law
- Conflicts between federal law and a foreign country's law
Conflicts of the first two categories are governed by state law. Federal law controls for the third and fourth categories.
Choice of Law
Whenever a crime involves incidents or issues concerning more than one state, a court must decide which state's legal rules control. The conflict of law rules a court applies usually means the case is decided under the laws of the place with the closest link to the crime.
Federal Courts
Each federal court must apply the conflict of laws rules of the state in which it sits.
Foreign Law
If you think you're going to raise an issue involving a foreign country's laws, you must give the court and all parties reasonable written notice of your plan. The trial court has the authority to decide if such an issue should be addressed.
The court may decide based on expert testimony, affidavits and live testimony from foreign officials and attorneys, certified translations of foreign court decisions and law reviews and its own research.
Questions for Your Attorney
- If a single crime was committed in two states, which state laws apply?
- What law will rule my case if state laws conflict with federal laws?
- When federal laws conflict with foreign laws, what law is used to determine the outcome of the case?