Conflict of Laws

Question 1

Define: Full Faith and Credit

Answer 1

A state must recognize final judgments of other states so long as the judgment is on the merits and the other state had jurisdiction.

Question 2

Recognition of Marriage

Answer 2

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.

Question 3

What types of marriages may/may not violate public policy?

Answer 3

Violates: Incest, polygamy

Does not violate: Blood test requirements, marriage license agreements, recognition of common law marriage

Question 4

Personal Jurisdiction Over Divorce

Answer 4

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.

Question 5

Personal Jurisdiction Over Spousal Support and Property Divison

Answer 5

Personal jurisdiction over both spouses is necessary to issue a binding property division order or support order. This embodies the concept of a “divisible” divorce decree.

Question 6

When must a state recognize a divorce executed in a different state?

Answer 6

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.

Question 7

Which state’s law governs premarital agreements?

Answer 7

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.

Question 8

Define: Klaxon Doctrine

Answer 8

A federal district court sitting in diversity must apply the choice of law approach prevailing in the state in which it sits.

Question 9

When can a court transfer a case to a different court?

Answer 9

A court may transfer a case to any district court in which it could have been brought if convenience and the “interests of justice” favor a transfer.

Question 10

What law must a court apply when a case is transferred to a more appropriate venue?

Answer 10

When a case is transferred to a more appropriate forum, then the new (transferee) court must apply the laws that the original transferor court would have applied (including their state choice of law rules).

Question 11

What procedural laws (specifically, statute of limitations) do courts follow when a case is transferred?

Answer 11

Generally, a court will apply its own procedural laws even if the substantive laws of another state are applied to the case. A court usually 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.

Question 12

Exceptions to the Statute of Limitations Procedural Rule

Answer 12

1. Borrowing Statute: Some states have borrowing statutes which indicate that the other state’s statute should be used in certain cases.
2. Characterization: When a statute of limitations 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 statute of limitations as substantive.
3. Interest Analysis: Some states will simply use an interest analysis to resolve choice of law issues, including statute of limitations issues.

Question 13

Which state law governs in corporations issues?

Answer 13

Internal Matters: The law of the state of incorporation governs existence, structure, and internal matters such as capacity, shareholder’s rights, etc.

External Matters: Rights and liabilities (external matters) are determined by the state with the most significant relationship.

Question 14

“Most Significant Relationship” Test

Answer 14

A jurisdiction analyzes a specific tort claim under the “most significant relationship” approach. The Restatement lists four factors to determine which state has the most significant relationship to the occurrence and the parties.

1. The place where the injury occurred;
2. The place where the conduct causing the injury occurred;
3. The 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.

Mnemonic: I Can’t Dance, Really

Question 15

Which state law do courts use to evaluate real property issues?

Answer 15

Law of the Situs

The law where the real property is located.

Question 16

Which state law is used to determine the validity of a will?

Answer 16

Common Law: The law of the state where the testator was domiciled at the time of his death

Uniform Probate Code (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.

Question 17

Which state law governs the postmortem distribution of personal property?

Answer 17

The state in which the decedent was domiciled at the time of his death.

Question 18

Which state’s law determines whether a child is entitled to an inheritance?

Answer 18

The law of the intestate’s domicile at the time of death.

BUT this is inapplicable to real property as the law governing real property is the law of the situs.