conflict of law

Question 1

traditional vested rights approach

Answer 1

apply the law of state where transaction or event occurred

Question 2

most significant relationship approach

Answer 2

2d restatement

apply law of state having the most significant relationship to the transaction and the parties

Question 3

interest analysis

Answer 3

court weights interests of the states involved. the state with the greater interest will have its law applied.
3 steps:
1. if one state has interest to apply its policy and the other doesn’t, the court should apply law of interested state
2. if there is an apparent conflict b/t the interest of states, the court should look for more moderate/restrained interpretation to avoid conflict
3. if there is still conflict, the law of forum state applies

Question 4

contracts w/ choice of law provision

Answer 4

contract construction&raquo_space; the parties are free to choose matters of contract construction

contract validity&raquo_space; if parties may choose the applicable law only if the state has some connection, the k was not entered into under fraud, duress, or mistake, and the choice of law is not contrary to a substantial policy interest of another state that has more significant interest

courts will enforce forum selection clause to transfer venue of action unless undue hardship or unequal bargaining power when entering k

Question 5

contracts without choice of law provision

Answer 5

traditional vest rights&raquo_space; where k was formed or to be performed

significant relationship&raquo_space; state that has most significant relationship, considering place of k formation, place of performance, location of parties, location of subj matter

interest analysis&raquo_space; law of state with greater interest

Question 6

real property

Answer 6

where real property is located

2d rstmt&raquo_space; presumes that location is where most significant relationship is

if land is incidental to k, then apply choice of law for k

Question 7

inheritance

Answer 7

real property&raquo_space; law of stius

personal property&raquo_space; state law of decedent’s domicile state

Question 8

erie doctrine

Answer 8

when fed case is brought under diversity of citizenship, federal courts apply federal procedural law and substantive law of the forum state in which it sits

sub law= choice of law rules, SOF, irrebuttable presumptions, SOL

Question 9

full faith and credit

Answer 9

a judgment is entitled to full faith and credit when the rendering court had jxn (PJ + SMJ), case was decided on the merits, and judgment was final

state courts: requires to give full faith and credit to judicial proceedings of every US state, territory, or possession. must give fed judgment same force and effect as it would be given under the preclusion rules of state where the rendering fed court sits

federal courts: req to give state court judgment the same preclusive effect as state court is req to give another state court judgment

Question 10

doctrine of comity

Answer 10

a court may, but is not required, to give faith and credit to foreign court judgment

Question 11

full faith and credit common law marriage

Answer 11

the validity of marriage is determined by the law of state with most significant relationship to spouses

marriage that is valid where formed is valid everywhere unless it violates strong public policy of another state

Question 12

full faith and credit divorce

Answer 12

a divorce validly granted in another state is entitled to full faith and credit in every state

ex parte divorce = where only one spouse is before the court&raquo_space; may be maintained without PJ over the absentee spouse IF P is a domiciliary of state where the court sits

Question 13

full faith and credit spousal/child support

Answer 13

the court must have had PJ over D-spouse for judgment to have full faith and credit