Conflict of Laws (Private International Law) # MCQs Practice set

Q.1 What is the primary focus of Conflict of Laws?

Determining the applicable law in cross-border disputes
Creating new laws for international trade
Regulating domestic criminal law
Interpreting constitutional provisions
Explanation - Conflict of Laws deals with which legal system and jurisdiction apply when a case involves more than one country.
Correct answer is: Determining the applicable law in cross-border disputes

Q.2 Which term is synonymous with Private International Law?

Civil Procedure
International Public Law
Conflict of Laws
Comparative Law
Explanation - Private International Law is often referred to as Conflict of Laws, focusing on private disputes with international elements.
Correct answer is: Conflict of Laws

Q.3 Which of the following is NOT a branch of Conflict of Laws?

Jurisdiction
Choice of Law
Recognition & Enforcement of Foreign Judgments
Criminal Prosecution
Explanation - Criminal prosecution is part of public law, not private international law, which focuses on civil matters.
Correct answer is: Criminal Prosecution

Q.4 Which principle determines which country's law governs a contractual dispute?

Lex Loci Contractus
Lex Fori
Lex Situs
Lex Talionis
Explanation - Lex Loci Contractus is the law of the place where the contract was made, guiding which law applies.
Correct answer is: Lex Loci Contractus

Q.5 Which concept allows a court to apply its own law to certain matters regardless of foreign law?

Renvoi
Public Policy (ordre public)
Lex Loci Celebrationis
Forum Non Conveniens
Explanation - Courts may refuse to apply foreign law if it violates the fundamental policies of the forum state.
Correct answer is: Public Policy (ordre public)

Q.6 What does 'lex situs' refer to in Conflict of Laws?

Law of the country where property is located
Law of the forum court
Law governing contractual obligations
Law of the parties' nationality
Explanation - Lex situs determines the law applicable to immovable property according to its location.
Correct answer is: Law of the country where property is located

Q.7 Renvoi in private international law means:

Sending a dispute to arbitration
Referring to the foreign law including its conflict rules
Applying only the local law
Ignoring foreign laws completely
Explanation - Renvoi occurs when the court refers to a foreign jurisdiction’s conflict rules, which may then refer back to the forum law.
Correct answer is: Referring to the foreign law including its conflict rules

Q.8 Which type of jurisdiction allows a court to try cases involving foreign elements?

Subject Matter Jurisdiction
Personal Jurisdiction
International Jurisdiction
Territorial Jurisdiction
Explanation - International jurisdiction allows a forum to hear cases where at least one party or issue has a foreign element.
Correct answer is: International Jurisdiction

Q.9 The doctrine of 'forum non conveniens' permits a court to:

Decline jurisdiction if another forum is more appropriate
Always apply its own law
Enforce foreign judgments automatically
Refer matters to international tribunals
Explanation - It allows a court to refuse to hear a case if a more suitable forum exists elsewhere.
Correct answer is: Decline jurisdiction if another forum is more appropriate

Q.10 Which of the following governs marriage recognition across countries?

Lex Loci Celebrationis
Lex Loci Contractus
Lex Fori
Lex Mercatoria
Explanation - Marriage is generally valid if it complies with the law of the place where it was celebrated.
Correct answer is: Lex Loci Celebrationis

Q.11 The principle of 'comity of nations' refers to:

Automatic enforcement of all foreign laws
Mutual recognition and respect of laws and judgments between nations
Creating new international treaties
Resolving disputes in international courts only
Explanation - Comity allows courts to recognize foreign judgments out of respect and reciprocity rather than obligation.
Correct answer is: Mutual recognition and respect of laws and judgments between nations

Q.12 Which area of law primarily deals with cross-border torts?

Lex Fori
Lex Loci Delicti
Lex Loci Contractus
Lex Mercatoria
Explanation - The law of the place where the tort occurred governs cross-border tort issues.
Correct answer is: Lex Loci Delicti

Q.13 Recognition and enforcement of foreign judgments is usually refused if:

The foreign court had proper jurisdiction
The judgment is contrary to public policy of the forum
The parties agreed to the foreign law
The foreign law is lex mercatoria
Explanation - Courts refuse enforcement if the foreign judgment violates fundamental principles of the forum state.
Correct answer is: The judgment is contrary to public policy of the forum

Q.14 Lex patriae refers to:

Law of the nationality of the person
Law of the place where contract is made
Law of the forum
Law of the property location
Explanation - Lex patriae is applied particularly to personal status and nationality-based matters.
Correct answer is: Law of the nationality of the person

Q.15 Which principle resolves conflict when a person has multiple nationalities?

Renvoi
Habitual Residence
Lex Situs
Forum Non Conveniens
Explanation - Courts often use habitual residence to determine applicable law for persons with multiple nationalities.
Correct answer is: Habitual Residence

Q.16 Choice of law clauses in contracts are generally:

Mandatory and cannot be altered
Ignored by courts
Enforceable if freely agreed upon
Only applicable to domestic contracts
Explanation - Courts usually honor parties’ choice of law in contracts unless it violates public policy.
Correct answer is: Enforceable if freely agreed upon

Q.17 Which term describes a court applying its own procedural law but foreign substantive law?

Lex Fori
Renvoi
Lex Loci Contractus
Lex Situs
Explanation - Lex fori is the law of the forum, typically governing procedural matters while applying foreign substantive law.
Correct answer is: Lex Fori

Q.18 In conflict of laws, movable property is usually governed by:

Lex Loci Contractus
Lex Loci Delicti
Lex Situs
Lex Domicilii
Explanation - Movable property is generally governed by the law of the owner's domicile at the time of the relevant transaction.
Correct answer is: Lex Domicilii

Q.19 Which case situation is a common example for renvoi?

A tort committed abroad with a foreign law reference
A domestic contract dispute
A purely local property dispute
A criminal trial
Explanation - Renvoi commonly arises when a court must apply foreign law which itself refers back to the forum law.
Correct answer is: A tort committed abroad with a foreign law reference

Q.20 Forum shopping refers to:

Selecting a favorable jurisdiction to file a lawsuit
Applying the law of the forum automatically
Enforcing foreign judgments without question
Resolving international disputes in arbitration only
Explanation - Forum shopping occurs when parties choose a court thought to provide a more favorable outcome.
Correct answer is: Selecting a favorable jurisdiction to file a lawsuit

Q.21 Which of the following is a limitation on applying foreign law?

Lex Fori
Public Policy
Renvoi
Lex Loci Delicti
Explanation - A forum court may refuse to apply foreign law that conflicts with fundamental principles of the forum state.
Correct answer is: Public Policy

Q.22 In international contracts, 'lex mercatoria' refers to:

Domestic procedural law
Law of the place of contract
Transnational commercial law principles
Law of the forum court
Explanation - Lex mercatoria is a body of customary international commercial law used by merchants globally.
Correct answer is: Transnational commercial law principles

Q.23 Which factor is critical for determining jurisdiction in cross-border disputes?

Nationality of the judge
Connection of parties or events to the forum
Language of the contract
Time zone differences
Explanation - Jurisdiction is based on the link between the forum and the parties or the subject matter of the dispute.
Correct answer is: Connection of parties or events to the forum

Q.24 The term 'ordre public' is often used to:

Apply foreign law automatically
Justify refusal to enforce foreign judgments contrary to public policy
Select applicable law for contracts
Determine forum for litigation
Explanation - Ordre public allows courts to reject foreign law or judgments that are fundamentally incompatible with domestic principles.
Correct answer is: Justify refusal to enforce foreign judgments contrary to public policy

Q.25 Which rule governs the succession to movable property of a deceased in private international law?

Lex Loci Contractus
Lex Patriae
Lex Domicilii
Lex Situs
Explanation - Movable property succession is generally governed by the law of the deceased's domicile at the time of death.
Correct answer is: Lex Domicilii