LEX LOOL

2 definitions found across Law Mind sources

LEX LOOLAuthored
The Law Mind • 644 words
Definition
"Lex lool" does not appear to be a recognized legal term in any authoritative source. The entry fragment recovered from Bouvier's Law Dictionary does not define or use this phrase — the source material consists entirely of citations without a headword definition, and no legal dictionary, treatise, or case law corpus supports "lex lool" as an established term of art. This entry is likely the result of a transcription error, OCR corruption, or garbled transmission of a Latin conflict-of-laws maxim. The most probable candidates for the intended term are: **LEX LOCI** — "the law of the place," the foundational conflict-of-laws doctrine directing courts to apply the law of the jurisdiction where a relevant event occurred. See the separate Law Mind Dictionary entry for LEX LOCI. **LEX FORI** — "the law of the forum," the rule that a court applies its own procedural law regardless of the substantive law governing the dispute. **LEX LOCI CONTRACTUS** — "the law of the place of contracting," the traditional rule that the validity and interpretation of a contract is governed by the law of the jurisdiction where the contract was made. The Bouvier's citation fragment — referencing Story's Conflict of Laws § 243, Kent's Commentaries, and cases from Texas, Illinois, Maryland, and English Chancery — is consistent with a truncated entry on this doctrine. ---
Common Confusion
Do not conflate this apparent corruption with any real term. If a source document in the Law Mind corpus uses "lex lool," flag it for review rather than treating it as a defined concept. Researchers should run parallel searches for "lex loci," "lex loci contractus," and "law of the place" to recover the intended doctrine. ---
Why It Matters in Research
Researchers encountering "lex lool" in a Law Mind corpus search should treat it as a corrupted form and redirect the inquiry. OCR processing of 19th-century legal texts frequently mangles Latin maxims, particularly when typefaces rendered the letters "c" and "o" similarly, or when "ci" ligatures degraded. "Lex loci" becoming "lex lool" is a characteristic OCR artifact. The citation cluster in the Bouvier's fragment is a meaningful research anchor even without a legible headword. The citations to Story, Conflict of Laws § 243 and 2 Kent 458 locate the doctrine firmly in the 19th-century American conflict-of-laws canon. The reference to Dicey, Conflict of Laws at 500 — noting that the rule "does not rest, in England, upon an unassailable foundation of authority" — points to a comparative analysis of the lex loci contractus rule. The truncated phrase "contracts made in violation of" almost certainly leads into an exception for contracts illegal at the place of performance or contrary to public policy of the forum. Researchers using historical Bouvier's editions should verify whether the corruption exists in the original printed text or was introduced during digitization. Multiple editions of Bouvier's exist; the 1914 Rawle edition and the earlier 1868 editions differ substantially in their conflict-of-laws coverage. ---
Historical Dictionary Support
The source fragment attributed to Bouvier's Law Dictionary is internally consistent with Bouvier's treatment of conflict-of-laws doctrine but is unreadable as a standalone entry due to the corrupted headword. The citations provided — particularly Story and Kent — were standard authorities for 19th-century American conflict-of-laws analysis. The hedging reference to Dicey reflects the Anglo-American divergence on lex loci contractus that was actively debated through the late 19th and early 20th centuries. No historical legal dictionary reviewed for this corpus contains an entry under "lex lool." Bouvier's does contain entries for LEX LOCI, LEX LOCI CONTRACTUS, LEX LOCI REI SITAE, and related maxims. The fragment almost certainly belongs to one of those entries. ---
Related Terms
Lex Loci Lex Loci Contractus Lex Loci Rei Sitae Lex Fori Conflict of Laws Choice of Law Comity
LEX LOOLmain
Bouvier's Law Dictionary • 1928
2 H. & J. 193, 221, 225; 17 III. 338; 16 Tex. 844; 2 Burr. 1077; 2 Kent 458; Story, Confi. Laws § 243. See 88 Fed. Rep. 800; 42 Ch. D. (C. A.) 321; but see 112 N. C. 59; but Dicey, Confi. Laws 500, is of opinion that this rule, though sound in principle, does not rest, in England, upon an unassailable foundation of authority. An exception is said to exist in case of contracts made in violation of the revenue laws; Cas. t. Hardw. 85; 2C. Rob. 6; 2 Cr. M. & R. 311; 2 Kent 458. A contract legal by the lex loci will be so everywhere; 18 La. Ann. 117; 146 Ill. 528; unless- It is injurious to public rights or morals; 2 C. & P. 847; 1 B. & P. 340; 6 Mass. 379; 2 H. & J. 193; or contravenes the policy; 28 Ark. 533; 60 Ala. 380; 2 Sim. Ch. 194; 16 Johns. 488; 5 Harring. 31; 1 Green, Ch. 826; 17 Ga. 253. See 82 Ga. 142; 112 N. C. 59; or violates a positive law of the lex fori; or, in England, violates any English rule of procedure; Dicey, Confi. Laws 542. The application of the lex loci is a matter of comity; and that law must, in all cases, yield to the positive law of the place of seeking the remedy; 18 Pick. 198; 1 Green, Ch. 326; 12 Barb. 631; 17 Miss. 247. See 10 Ν. Υ. 58. It is held generally that the claims of citizens are to be preferred to those of foreigners. Assignments, under the in- solvent laws of a foreign state, are often held inoperative as against claims of a citizen of the state, in regard to personal property in the jurisdiction of the lex fori; 1 Green, Ch. 326; 5 Harring. 31; 82 Miss. 246; 13 La. Ann. 280; 21 Barb. 198; but see 12 Md. 54. But there appears to be a distinc- tion. This rule is well settled in all cases where the assignment of the property of an insolvent is made, in invitum, by a court in a foreign jurisdiction, to a receiver, as- signee, etc.; 6 Thomp. Corp. § 7388; 14 Allen 855; 123 Ind. 477; 81 Cal. 551. But where a voluntary assignment is made, if good where made and made in conformity with the law where the property is situated, it is valid in the latter state, ex proprio vigore; 117 Pa. 30; 10 Mo. App. 7; 6 Thomp. Corp. § 7347; Story, Confi. L. § 111. A contract made with a view to violate the law at the place of performance is in- valid; 14 R. I. 398; 62 Ind. 587. An im- moral contract, e. g. to bribe or corruptly influence the officers of a foreign govern- ment, will not be enforced wherever made; 108 U. S. 261; or one that violates good morals; 42 Miss. 444; 37 N. J. L. 23; but Sunday laws are not considered as rules of positive morality: 07 Miss. 405; nor, ordi- narily, are usury laws; 103 Mass. 323; 77 N. Y. 578. See Moore's note to Dicey, Confl. Laws 582. It was said, in a case of usury, that if a contract is valid by the law of the state where it is made, and is not immoral, the courts of another state will enforce it, although its own laws pro- hibit such a contract; 31 Fed. Rep. 516. In an action in Pennsylvania on a prom- issory note governed as to the contract by the law of New Jersey, the question of whether parol evidence will be admitted to vary the contract must depend upon the law of New Jersey, and not upon the lex fori. It was said that the right to intro- duce proof dehors the instrument for the purpose of showing what, in fact, the con- tract was, is an essential part of the contract itself, and not a mere incident to the rem- edy; 6 Pa. Super, Ct. 115, citing 110 Pa. 478; 148 Pa. 146; and 154 Mass. 218. A statute requiring a foreign corporation, as a condition of doing business within the state, to stipulate not to remove suits into the federal court, is void because it makes the right to a permit dependent on the surrender by the foreign corporation of a privilege secured to it by the constitution and laws of the United States; 121 U. S. 186; 20 Wall. 445. See JURISDICTION. The interpretation of contracts is to be governed by the law of the country where the contract was made; 2 B. & Ad. 746; 10 B. & C. 908; 2 Hagg. Cons. 60, 61; 8 Pet. 861; 30 Ala. N. S. 253; 4 McLean 540; 2 Bla. Com. 141; Story, Confi. Laws § 270.

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