What is LawBrain?
It's a living legal community making laws accessible and interactive. Click Here to get Started »

Bootstrap Doctrine

From lawbrain.com

Revision as of 16:59, 2 December 2009 by Admin (Talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

A principle in the resolution of conflict of laws that prevents a party from bringing an action in one state's court in an attempt to collaterally attack the final judgment from another state's court. The doctrine is based upon the principle of res judicata, which prevents a party from litigating a jurisdictional claim that has already been resolved by a prior, final decision, or if the litigants had an opportunity to raise the issue and challenge the other court's lack of jurisdiction and failed to do so.

Further Readings

Cavers, David F. 1985. The Choice of Law: Selected Essays, 1933–1983. Durham, NC: Duke Univ. Press.

Hay, Peter. 2000. Conflict of Laws. 3d ed. St. Paul, Minn.: West Group.

See Also