Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Bar Exam > Conflict of law > Flashcards

Conflict of law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

“most-significant-relationship” approach

TRADITIONAL

Second Restatement

(2 of 3)

A
  1. Promotion of relevant policies of forum and any interested state
  2. Certainty, Uniformity, Predictability, Simplicity
  3. Protecting justified expectations of parties (planned transaction like contracts)
  • ESPECIALLY FOR FAMILY LAW
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

“vested-rights” approach

First Restatement

(1 of 3)

A

territorial approach

jurisdiction where parties’s rights are vested (where act that gives rise to cause of action occurred)

generally, where last liable event took place.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

“governmental-interest” approach

3 of 3

A

presume forum will apply own law, unless:

  • -false conflict: forum has no interest in litigation = then applies law of state that does have interest in case.
  • -true conflict: forum and another state have interest = then review state policy and if cannot resolve then apply forum.
  • -unprovided for: apply forum.

States have interest when applying
A. Conduct relating laws (regulate conduct) in state or affects domiciliary.
B. loss-shifting laws (immunize) when benefits domiciliary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Depecage

A

application of diff states laws to different issues within a case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

renvio

A

when applies law of other state, applies WHOLE law of other state, including state choice of law. Hence, only applied for PROPERTY.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Immovable property governed by __

A

law of the situs of property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

tangible movable property governed by __

A

law of state in which property was located at time of transaction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

movable property at at death governed by __

A

law of decedents domicile at death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

validity of marriage determined by __

A

law of place where marriage was celebrated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

states may recognized incidents of marriage if marriage __

A

even if marriage not recognized in that state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Marital interests in moveable property are generally governed by __

A

law of the state where the couple was domiciled at the time the property was acquired.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

corporate affairs governed by __

A

vested-rights approach: state of incorporation governs

  • corporation structure
  • shareholder rights
  • internal corporate affairs

most-significant-relationship
-same result; state of incorporation governs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

(gray areas) that are substantive, not procedural

A
  1. parole evidence
  2. confidentiality privileges
  3. damages cap
  4. statute of limitations
    • -under First: generally procedural, unless inextricably bound with a statutory right
    • -under Second: forum state generally applies its own statute of limitations.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Constitution application

A

Under Constitution, state may apply its own law to an issue, only if has “SIGNIFICANT CONTACT or AGGREGATION OF CONTACTS with the issue, such that a choice of its law is NEITHER arbitrary or fundamentally unfair.”

“and those contacts exist here because ….”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Under the Erie doctrine, a federal court exercising diversity jurisdiction must apply

A

substantive law in state in which it sits

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Under Erie, service of process is considered

A

procedural law

17
Q

Klaxon rule

A

In a diversity action, a federal district court must generally apply the choice-of-law rules of the state in which it sits.

18
Q

Under Erie doctrine

A

To determine whether a given law is substantive or procedural, the court considers whether the failure to apply state law would lead to different outcomes in federal and state court.

19
Q

Torts: vested-rights

A

place where wrong was committed.

20
Q

Torts: most-significant-relationship

A
  1. the Place of the injury
  2. Place for conduct causing injury occurred
  3. Domicile
  4. Play swear relationship is centered

or just argue facts showing most-significant-relationship

21
Q

Contracts: express choice of law of parties

A

choice will govern unless:

  • contrary to public policy
  • no reasonable basis for parties’ choice; or
  • fraud/mistake
22
Q

Contracts: vested-rights

A 
Law where K EXECUTED will apply to: 
[formation & execution related]
-validity of K
-defenses to formation; and
-interpretation of K
Law where K was to be PERFORMED:
[performance related]
-detail of performance (time, manner)
-Obligation of Performance; and 
-Sufficiency of performance
-Excuses of non-performance
23
Q

Contract: most-significant-relationship

A

[common sense]

  • location of contracting, negotiation, performance
  • place where K’s subject matter is located; and
  • location of parties’s domiciles
24
Q

Contract: default

A

land K - state where land is located

personalty - where is place of delivery

25
Q

UCC: Secured transaction

A

place of debtor

26
Q

non-UCC

A

state where property located at time of transaction

27
Q

Real property: Vested-rights

A

[same]

law of situs of real property

28
Q

Real property: most-significant-relationship

A

[same]

law of situs of real property

29
Q

Inheritance of personal property

A

law of deceased domicile at time of death

30
Q

Inheritance of REAL property

A

law of situs

31
Q

Family: generally

A

valid where they took place and recognized in other state

32
Q

Family: divorce

A

plaintiff’s domicile

33
Q

Family: premarital agreement

A

most states: state with most significant relationship

some states: where premarital agreement was executed

34
Q

Procedural in nature

A
  • venue
  • rules of discovery
  • service of process
35
Q

Erie Doctrine

A

Procedural –> federal

Substantive –> state law

36
Q

Substantive in nature

A

-state choice of law

37
Q

Family: defenses

A

bilateral divorce: court that has personal jurisdiction over both and at lease one spouse domiciled in state

ex parte divorce: PJ over BOTH spouses NOT necessary to dissolve marriage.

child custody: UCCJEA reciprocal in all 50. Court makes initial custody if in child’s home state, others respect.

Law Bar Exam (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions