Conflict of Laws Flashcards
How many domiciles does each person have?
ONLY ONE
Minors are domiciled where?
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.
Incompetents are domiciled where?
They retain the domicile they had prior to being judged incompetent.
What determines where a person is domiciled?
(1) Physical presence in the state; AND
(2) Person’s intent to remain there indefinitely.
To assert a change in domicile, what must a person prove?
(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
Any special rules for married spouses and where they’re domiciled?
NO - they can be domiciled in different states.
Procedural vs. Substantive Rules
Procedural rules - govern rights INSIDE the court
Substantive rules - govern rights and obligations OUTSIDE the court
Statute of Limitations - procedural or substantive?
PROCEDURAL
EXCEPT: a wrongful-death statute that conditions recovery on a time fixed in the statute is a substantive rule.
Rules of Evidence - procedural or substantive?
PROCEDURAL
EXCEPT: when an evidentiary ruling would be outcome-determinative (substantive rule)
Burdens of Proof - procedural or substantive?
PROCEDURAL
Presumptions - procedural or substantive?
Rebuttable presumptions –> PROCEDURAL
Conclusive presumptions –> SUBSTANTIVE
Parol Evidence Rule - procedural or substantive?
SUBSTANTIVE
Statute of Frauds - procedural or substantive?
SUBSTANTIVE
Choice-of-Law Approaches
(1) “Vested Rights” Approach
(2) “Most Significant Relationship” Approach
(3) “Interest Analysis” Approach
Vested Rights Approach
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
Most Significant Relationship Approach
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
Interest Analysis Approach
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
Limitations and Exceptions to Choice-Of-Law Approaches
(1) Due Process
(2) Public Policy
(3) Penal and Revenue Laws
Due Process - Limitations
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
Public Policy - Limitations
Courts will refrain from applying the law of another state when the law offends the strong public policy of the forum state
Penal and Revenue Laws - Limitations
A state court will refuse to enforce the penal laws or revenue laws of another state.
TORTS - What state’s law is applied
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
TORTS - Exception for Dram Shop Acts
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.
Contracts - What state’s law is applied?
(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.
