Beruflich Dokumente
Kultur Dokumente
result
“A matter adjudged, judicially acted upon or
decided, or settled by judgment”
Final
Jurisdiction
Judgment on the merits
Identity – Parties, Subject Matter and Cause of
Action
To adhere to precedents and not to unsettle
things which are established
Ease in the determination and application of
the law to be applied
Law of the place where the delict [tort] was
committed
Which state has the most substantial
connection to the occurrence and the parties?
Where the contract was made, negotiated,
was to be performed?
Domicile, place of business, or place of
incorporation of the parties?
Facts:
Dowis – Tennessee resident
Hired by defendant
Injured when he fell four stories from the
basket of a telescopic boom forklift operated
by Graves
Trial court granted summary judgment for
defendants
Court of Appeals Affirmed
Issue:
Whether or not the court correctly apply the
lex loci delicti rule
Ruling:
Yes. The Court applied stare decisis in
deciding the case.
Stability of the law
Consistency, predictability, relative ease of
application
Issue:
Whether or not the most significant
relationship rule applies in this case
Ruling:
No. The Court rejected the argument of
appellants in applying the most significant
relationship rule
“Contact counting”
Judicial policymakers
Not enough guidance for uniformity
The approach in Dowis is not necessarily
the best or correct approach, there is also
value in determining interstate and
international systems as well as the relevant
policies of other interested States.