Conflict of Laws

Question 1

How many domiciles does each person have?

Answer 1

ONLY ONE

Question 2

Minors are domiciled where?

Answer 2

The same as the domicile of the minor’s parents.

If the parents are separated or divorced, the minor’s domicile is that of the parent with whom the minor lives.

Question 3

Incompetents are domiciled where?

Answer 3

They retain the domicile they had prior to being judged incompetent.

Question 4

What determines where a person is domiciled?

Answer 4

(1) Physical presence in the state; AND

(2) Person’s intent to remain there indefinitely.

Question 5

To assert a change in domicile, what must a person prove?

Answer 5

(1) A change in residence to the new state; and
(2) The person’s intent to remain there indefinitely.

Factors to prove intent:

(1) Owning real estate
(2) Voting
(3) Paying taxes to the state or town
(4) Having an in-state bank account
(5) Registering an automobile in the state

Question 6

Any special rules for married spouses and where they’re domiciled?

Answer 6

NO - they can be domiciled in different states.

Question 7

Procedural vs. Substantive Rules

Answer 7

Procedural rules - govern rights INSIDE the court

Substantive rules - govern rights and obligations OUTSIDE the court

Question 8

Statute of Limitations - procedural or substantive?

Answer 8

PROCEDURAL

EXCEPT: a wrongful-death statute that conditions recovery on a time fixed in the statute is a substantive rule.

Question 9

Rules of Evidence - procedural or substantive?

Answer 9

PROCEDURAL

EXCEPT: when an evidentiary ruling would be outcome-determinative (substantive rule)

Question 10

Burdens of Proof - procedural or substantive?

Answer 10

PROCEDURAL

Question 11

Presumptions - procedural or substantive?

Answer 11

Rebuttable presumptions –> PROCEDURAL

Conclusive presumptions –> SUBSTANTIVE

Question 12

Parol Evidence Rule - procedural or substantive?

Answer 12

SUBSTANTIVE

Question 13

Statute of Frauds - procedural or substantive?

Answer 13

SUBSTANTIVE

Question 14

Choice-of-Law Approaches

Answer 14

(1) “Vested Rights” Approach
(2) “Most Significant Relationship” Approach
(3) “Interest Analysis” Approach

Question 15

Vested Rights Approach

Answer 15

Forum must apply the law of the state where the parties’ rights “vested” –> where the act/relationship giving rise to the cause of action occurred/was created.

(1) Lex Loci delecti –> Law of the place of wrong or injury
(2) Lex loci contractus –> Law of the place of contracting
(3) Lex loci situs –> Law of the place where the property is located

STEPS:

(1) characterize the cause of action (i.e., torts, contracts, etc.)
(2) Apply the appropriate choice-of-law rule

Question 16

Most Significant Relationship Approach

Answer 16

The forum applies the law of the state with the most significant relationship to the issue being decided

Factors considered:

(1) Needs of interstate and international systems
(2) Relevant policies and relative interests of the forum state and of other interested states
(3) Justified expectations of the parties
(4) Judicial economy

Question 17

Interest Analysis Approach

Answer 17

The forum should apply the law of the state most legitimately interested in its outcome (focus on government’s interest)

Default rule –> forum state applies its substantive law unless the forum state has NO legitimate interest in how a particular issue is resolved

Question 18

Limitations and Exceptions to Choice-Of-Law Approaches

Answer 18

(1) Due Process
(2) Public Policy
(3) Penal and Revenue Laws

Question 19

Due Process - Limitations

Answer 19

The choice-of-law determination must be consistent with the norms of fairness embodied in the 14th Amendment’s Due Process Clause

The law to be applied must be from a state whose connections with the case are not so tenuous as to render its application unpredictable or arbitrary

Question 20

Public Policy - Limitations

Answer 20

Courts will refrain from applying the law of another state when the law offends the strong public policy of the forum state

Question 21

Penal and Revenue Laws - Limitations

Answer 21

A state court will refuse to enforce the penal laws or revenue laws of another state.

Question 22

TORTS - What state’s law is applied

Answer 22

Traditional approach –> Vested Rights approach –> Apply the law of the state where the injury occurred (lex loci delecti)

Modern Approach –> Most Significant Relationship Approach –> Consider the policies and interests at stake for:

(1) the states where the parties are domiciled
(2) the states where the injury occurred

Question 23

TORTS - Exception for Dram Shop Acts

Answer 23

Instead of applying the substantive law of the state where the injury occurred, the forum will usually apply the law of the state where the tavern is located EXCEPT IF:

(1) The tavern in question uses advertising to target residents of another state; AND
(2) The tavern keeper can anticipate that out-of-state residents could return to their home state shortly after consuming beverages at the tavern.

Question 24

Contracts - What state’s law is applied?

Answer 24

(1) By stipulation

(2) If not by stipulation, then:
Traditional approach –> Vested Rights Approach –> Apply the law of the state where the K was made (lex loci contractus)

Modern approach –> Most Significant Relationship Approach –> Consider the policies and interests of those states where:

(1) the parties negotiated the contract
(2) the parties made the K
(3) performance obligations were to be met
(4) Subject matter of the K is located
(5) the parties are domiciled, reside, conduct business, or are incorporated

(3) If the K is governed by the UCC, the state’s UCC can apply to any transaction that bears an appropriate relation to the state.

Question 25

Family Law - What state’s law is applied?

Answer 25

Validity of the marriage is at stake? –> apply the law of the state where the ceremony took place

Divorce proceeding? –> Apply the law of the forum state

Question 26

Sister State Judgments

Answer 26

A judgment from the courts of one state must be given full force in the courts of another state if it was a final judgment on the merits.

Judgment is NOT final if it could be modified in the rendering state.

Judgment is ON THE MERITS if it resolve substantive issues of a dispute.

Question 27

Sister State Judgments - what can a forum court not do?

Answer 27

A forum court CANNOT refuse to enforce final judgments on the merits issued by a sister state on the grounds that:

(1) the forum state is interested in the outcome
(2) the judgment was wrongly rendered; or
(3) the judgment is contrary to the strong public policy of the forum state

Question 28

Judgments of a Foreign Country

Answer 28

State courts will generally not enforce judgments from foreign nations if that proceeding didn’t meet the norms of procedural fairness.