Conflict of Laws

Question 1

Erie (civ pro)

Answer 1

A federal district court sitting in diversity must apply the choice of law approach prevailing in the state in which its sits (apply the forum choice of law rules when determining which state’s law applies).

Question 2

Transfer to a more appropriate forum (civ pro)

Answer 2

The federal court has authority to transfer a case to another federal district for the convenience of the parties and witnesses and in the interest of justice. The new forum must have subject matter jurisdiction and personal jurisdiction, The court will apply the law of the transferor forum.

Question 3

Recognition of marriage (family law)

Answer 3

A marriage which is valid under the law of the state in which 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 4

Full faith and credit (family law)

Answer 4

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

Question 5

Personal property (estates)

Answer 5

Distribution of personal property is governed by the law of the state where the decedent was domiciled at the time of his death.

Question 6

Real property (estates)

Answer 6

Distribution of real property is governed by the law of the state where the property is located (the situs).