Conflict Of Laws Flashcards
Family Law—full faith and credit
A state must recognize final judgments of other states so long as the judgment is on the merits and the other state had jurisdiction.
Family Law—Recognition of marriage
A marriage which is valid under the law of the state where it was contracted will be valid elsewhere unless it violates a strong public policy of the state that has the most significant relationship to the spouses and the marriage (ex: polygamy or incest; not blood test requirements, license requirements, and common law marriage).
Common law marriage is virtually always tested when this principle is tested—if the marriage is recognized by the state where the couple entered into the marriage, it will be recognized by all other states.
Family Law—jurisdiction over divorce vs. jurisdiction over spousal support and property division
Personal jurisdiction over both spouses is not necessary to render a divorce decree. The state rendering the decree only needs jurisdiction over the plaintiff spouse.
Personal jurisdiction over both spouses is necessary to issue a binding property division or support order.
“Divisible” divorce decree concept.
Family Law—recognition of divorce
A divorce decree must be granted full faith and credit by other states if the court rendering the divorce decree had jurisdiction to enter it.
Family Law—which state’s law governs premarital agreements?
Some states will apply the law of the state where the contract was executed. Other states (probably more numerous) apply the law of the state with the most significant relationship to the parties and transaction.
Civil Procedure—Klaxon doctrine
A federal district court in a diversity case must apply the choice of law approach of the state in which it sits.
Civil Procedure—if a case is transferred to a more appropriate forum, which forum’s law applies?
The law of the transferor court.
A court may transfer a case to any district court in which it could have been brought if convenience and the interest of justice favor a transfer. When a case is transferred to a more appropriate forum under this rule, then the new (transferee) court must apply the laws that the original (transferor) court would have applied (including their state choice of law rules).
If the case was initially filed in an improper forum and was transferred to a proper forum: transferee court applies its own law because the transferor court would not have the power to hear the case in the first place.
Civil Procedure—Statute of limitations
Generally, a court will apply its own procedural laws even if the substantive laws of another state are applied to the case. A statute of limitations is generally considered procedural. Generally, a court applies its own statute of limitations UNLESS the claim would be barred by the law of the state with a more significant relationship to the parties.
Exception—borrowing statute: some states have borrowing statutes that indicate the other state’s statute should be used in certain cases.
Exception—characterization: when a SOL is specific to a particular kind of claim and was created by the law that created the cause of action to which it applies, courts will often characterize the SOL as substantive.
Exception—interest analysis: some states will simply use an interest analysis to resolve choice of law issues, including statute of limitations issues.
Civil Procedure—choice of law clause in a contract claim:
If a contract specifies the state law that it will be governed by, generally that law will apply.
UNLESS: (1) the chosen state has no substantial relationship to the parties or the transaction and there is no other reasonable basis for the parties’ choice; or (2) application of the law of the chosen state would be contrary to a fundamental policy of a state that has a materially greater interest than the chosen state in the determination of the particular issue and which, under a “most significant relationship test” would be the state of the applicable law in the absence of an effective choice of law by the parties.
Civil Procedure—tort claim
A jurisdiction analyzes a specific tort claim under the “most significant relationship” approach. Four factors (I Can’t Dance, Really): (1) place where the Injury occurred; (2) place where the Conduct causing the injury occurred; (3) Domicile, residence, nationality, place of incorporation, and place of business of the parties; and (4) the place where the Relationship, if any, between the parties is centered.
Civil Procedure—real property
A court generally uses the law of the situs for land (i.e., the law where the real property is located). Occasionally, the state will characterize a dispute over real property as a contract dispute and look at which state has the most significant relationship to the property if it makes more sense in the given case.
Decedents’ Estates—validity of a will
At common law, the validity of a will was determined under the law of the state where the testator was domiciled at the time of his death. Under the UPC, a will is valid if it complies either with the law of the state in which it was executed or with the law of the place where the testator was domiciled when he signed his will or when he died.
Decedents’ Estates—personal property
Postmortem distribution of personal property is governed by the law of the state in which the decedent was domiciled at the time of his death.
Decedents’ Estates—real property
Postmortem distribution of real property is governed by the law of the situs (i.e., the law of the place where the property is located).
Decedents’ Estates—inheritance
Whether a child is entitled to inherit depends on the law of the intestate’s domicile at the time of death. However, this is inapplicable to real property as the law governing real property is the law of the situs.