Foreign Law. The term foreign is applied by lawyers to places and matters outside the limits within which certain laws apply and courts have jurisdiction. Thus, to an English lawyer Scotland is a foreign country. Foreign law as such has, of course, no application to England; but the comity of nations requires that it should be recognised and acted upon in certain cases, as, for example, by the Extradition (q.v.) of offenders. The judgment of a foreign court, if in favour of the defendant, is an answer to an action brought on the same complaint in England; if in favour of the plaintiff, it is accepted as prima facie evidence that his claim is well founded, and he may obtain satisfaction by suing on the judgment in England. Foreign law is proved in an English court as a matter of fact by the evidence of experts, or, if necessary, by taking the opinion of a foreign court. Government is empowered to make treaties for facilitating mutual ascertainment of laws. The courts will not act on a judgment which seems to have been improperly obtained, nor will they enforce a foreign law which is not in accordance with natural justice as we understand it. The foregoing rules are not peculiar to England; they are followed by the courts of other countries. The French courts, for example, give effect to English judgments. A creditor in Britain suing a debtor who is abroad may usually obtain leave to cite or serve him with process in his absence; in England leave is also given to serve process out of the jurisdiction; as to Scotland, see EDICTAL CITATION. The judgment obtained in the debtor's absence may be enforced by a foreign court. Foreigners resident but not domiciled in a country may usually sue one another in the ordinary courts; but the French courts have refused to entertain such suits, except in commercial matters.
The Foreign Jurisdiction Acts regulate the proceedings of criminal courts in places (such as Turkey, for example) where the local government is bound by treaty or capitulation to permit British magistrates to act. The Foreign Enlistment Act is a separate article (q.v.). In London and some other cities there is a custom called Foreign Attachment. When a defendant fails to appear to an action his property within the local jurisdiction (e.g. debts due to him) may be attached in order to compel his appearance or to obtain satisfaction of claims against him; see ATTACHMENT.