Choice of Law Flashcards
Three main principles of Conflict of Law
(1) jurisdiction (2) choice of law (3) recognition
lex fori
default rule is the law of the forum in which the action is brought
depecage
issue by issue analysis causes court to apply laws of multiple jurisdiction in one case
conflict of law analysis approach
(1) traditional vested approach (2) most significant relationship - restatement 2nd (3) government interest
Contracts MSR Analysis
(1) forum selection clause in contract (2) place of negotiation and performance it they’re the same (3) subject matter location, domicile, and acceptance location
Torts MSR Analysis
(1) conduct location (2) relationship center of parties (3) injury location (4) parties location
Family Law MSR Analysis
where family is domiciled
corporations MSR and TVA analysis
place of incorporation
Government Interest Analysis
(1) is there a conflict of interests (2) which interest is greater (3) if true conflict and both are great, apply law of forum state
Contract TVA analysis
(1) forum selection clause (2) where offer was accepted
Fraud & Tort TVA analysis
where the injury occured
family law TVA analysis
marital: place of ceremony or where spouses are domiciled
child support/custody: where case is brought
property tva analysis
generally the law where the property is located; personal property in inheritance - decedents domicile at time of death
full faith and credit
(1) jurisdiction (2) on the merit (3) final judgment
doctrine of comity
states may but not required to recognize judgments from foreign countries
