CHARACTERIZATION

characterization. 1.Conflict of laws. The classification, qualification, and interpretation of laws that apply to the case. — Also termed qualification; classification; interpretation. [Cases: Action  17. C.J.S. Actions §§ 18–20; Conflict of Laws §§ 2–3, 12, 15, 20, 23, 27–32, 34–40, 42–48, 50–65, 96–97, 100, 102, 105–107.]

“In a conflict-of-laws situation, a court must determine at the outset whether the problem presented to it for solution relates to torts, contracts, property, or some other field, or to a matter of substance or procedure, in order to refer to the appropriate law. In other words, the court must initially, whether consciously or not, go through the process of determining the nature of the problem; otherwise, the court will not know which choice-of-law rule to apply to the case. This process is generally called ‘characterization,’ and sometimes ‘classification,’ ‘qualifica-tion,’ or ‘interpretation.’ ” 16 Am. Jur. 2d Conflict of Laws § 3, at 12 (1998).

2.Family law. The process of classifying property accumulated by spouses as either separate or marital property (or community property). [Blacks Law 8th]