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Philippine Bar review · Question

Practice question: Lex Fori

Multiple Choice Hard Jurisprudence

Practice question

A Philippine judge properly assumes jurisdiction over a transnational dispute and says that all substantive rights must therefore be governed by Philippine law. The contract and alleged wrong have material foreign contacts. Which response is correct?
  1. Jurisdiction gives unlimited automatic choice of substantive law
  2. Assumption of jurisdiction does not by itself select forum substantive law; the court must characterize the issues and apply the relevant conflicts analysis
  3. All foreign contacts force dismissal
  4. Every issue is procedural by definition
  5. The defendant may choose any law after judgment

Legal references

  • Saudia v. Rebesencio, GR198587, January14 2015, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/60343
  • Garcia v. Recio, GR138322, October2 2001, main decision: https://lawphil.net/judjuris/juri2001/oct2001/gr_138322_2001.html
  • Asiavest Limited v. CA, GR128803, September25 1998, main decision: https://lawphil.net/judjuris/juri1998/sep1998/gr_128803_1998.html
  • Hasegawa v. Kitamura, GR149177, November23 2007, main decision: https://lawphil.net/judjuris/juri2007/nov2007/gr_149177_2007.html

Answer this question in flashcards to review your response and continue practicing.