Applications to Specific Substantive Areas Flashcards
Which CofL approach is NOT sensitive to substantive area of law at issue?
Interest analysis
Big difference b/w Vested Rights and MSR approaches re substantive areas?
For Vested Rights, same vesting rule generally applied to entire claim, while for MSR, each issue must be analyzed separately
Under VR approach, governing law for a tort claim is ________.
Area where injury occurred
4 factual connection considerations per MSR for tort claim?
1) place of injury
2) place of conduct causing injury
3) place where parties are at home
4) where relationship, if any, is centered
2 policy principle considerations per MSR for tort claim?
1) relevant policies of forum state
2) relevant polices of other connected states
For a tort claim, what is the usual outcome under each approach?
Governing law almost always the law of the place of injury
2 key tort claim exceptions for VR/MSR approaches?
1) loss distribution rule
2) parties share common domicile
IF EITHER MET, APPLY LAW OF COMMON DOMICILE
What is a choice of law provision?
allows parties to select the law that will apply to their contract
What is required for a choice of law provision to be enforced?
Must be 1) valid AND 2) express
2 reasons to find choice of law provision in K invalid?
1) law selected has no reasonable relationship to the K; AND
2) Provision included without true mutual consent
2 rules re choice of law K provision under VR approach?
1) If case about formation, apply law of place of contracting (e.g., consideration, capacity, formalities)
2) If case about performance, apply law of place of performance (e.g., time/place/manner of performance; excuses for nonperformance)
What is unique regarding the choice of law approaches for property?
Each approach effectively applies the same rules
Considerations re choice of law K provision under 2nd RST approach?
Factual connections:
1) place of contracting
2) place of negotiation
3) place of performance
4) place where parties at home
Policy principles:
Same as tort claim (forum state; connected states) PLUS reasonable expectations of parties
Which law used when immovable (real) property in question?
Law of situs (i.e., where property located)
Which law used when movable (personal) property acquired inter vivos in question?
Law of situs (i.e., where property located)
Which law used when movable (personal) property acquired via inheritance in question?
Law of decedent’s domicile at date of death
What is required for a marriage to be valid everywhere?
Marriage must have been valid where performed
What is the primary exception re choice of law for marriage?
When domiciliaries of one state temporarily relocate to another state to enter marriage that violates a prohibitory rule in their home state, state of domicile WILL NOT recognize marriage
Difference b/w prohibitory rules and discretionary rules re marriage?
Prohibitory: express public policy (e.g., incest, polygamy, min age)
Discretionary: administrative in nature (e.g., license, parental consent, blood test certificate)
Which state law applies for divorce?
Forum applies own laws for divorce
2 rules re child’s status (i.e., legitimacy)?
1) child’s legitimacy governed by law of mother’s domicile at time of child’s birth
2) validity of subsequent acts of legitmation concerning paternity governed by law of father’s domicile
