We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What does "Lex Fori" Mean?

By M. Lupica
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Lex fori is literally translated from Latin to “law of the forum.” What that means in practical terms is all of the law that relates to the procedure or formalities in a given legal forum. Typically, lex fori is a concept that becomes relevant in situations where the substantive law covering the matter at hand is different from the substantive law of another valid venue where the matter might be tried.

Procedural law must be differentiated from substantive law, called the lex causae. Take, for example, a situation in which a cause of action is derived from events that involve the law of one jurisdiction, but the case might be tried in a second jurisdiction. If the party who determines venue seeks to try the case in the second jurisdiction, then lex fori of the second jurisdiction is applied, and the lex causae — the substantive law — from the first jurisdiction shall be applied. In simple terms, the legal procedures followed in the case are determined by the laws where the trial is being held, but the outcome of the case is determined by the laws where the action originally took place.

The reason behind this is the problem of what is called “forum shopping.” In the event that the person who brings the case can choose between multiple venues that have different substantive law, there are times when the substantive law in one of the venues benefits one party more than the other in that particular cause of action. The application of the substantive law from the jurisdiction where the cause of action arose and the application of the lex fori of the venue where it is tried solves this problem.

Lex fori might include major issues such as right to a jury trial and burden of proof. Typically, though, it refers to less prominent issues such as the procedure for filing motions, pretrial hearings, the protocol for calling witnesses and the like. These issues might affect how the case goes, but they do not directly affect the outcome in terms of how the relevant law is applied. Thus, the selection of lex fori by one party will not unfairly prejudice the second party the way selection of lex causae might.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By anon153915 — On Feb 18, 2011

this document can be criticized as being simplified in terms of understanding the concept clearly. Thanks once again.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.