When there is more than one state, or more than one jurisdiction (state court, federal court) with a significant relationship to the parties and circumstances involved in a lawsuit or dispute, the question may arise as to which state or jurisdiction’s laws will govern the lawsuit or dispute. The body of law that determines what law governs a dispute is called conflict of laws and consists of legal principles courts use to determine which state or jurisdiction’s law applies—unless the parties to a dispute have agreed (usually in a contract) on what law will apply.
In Mississippi, as in other states, the body of law known as 'conflict of laws' or 'choice of law' is used to determine which jurisdiction's laws are applicable in a lawsuit or dispute when multiple states or jurisdictions have a significant relationship to the case. Mississippi courts will analyze the case to identify the state with the most substantial connection to the legal issue. Factors that may influence this decision include the location where a contract was signed or where an injury occurred, the residence or place of business of the parties involved, and the location of the property or transaction in question. If the parties have a valid choice of law clause in a contract, which specifies the governing law, Mississippi courts will generally honor this agreement unless it contradicts a fundamental policy of the state. In the absence of such an agreement, Mississippi courts will apply conflict of laws principles to determine the most appropriate jurisdiction's law to apply to the case.