Conflict of Laws

Question 1

Look out for conflict of laws in these MEE subjects

Answer 1

(1) family law
(2) Civ pro
(3) Decedent’s estates

Question 2

When tested with family law, conflict of laws tests:

Answer 2

1. Full faith and credit: the state must recognize other states’ final judgments on the merits if that state had jurisdiction.
2. Recognition of Marriage: if marriage is valid under the law of the state where it was contracted ==> valid everywhere unless violates strong public policy (EX: incest or polygamy, or bigamy).
3. Jurisdiction over divorce v. jurisdiction over spousal support and property division: don’t need PJ over both spouses for divorce decree* (only need PJ over plaintiff spouse); *need PJ over both spouses for property division/ spousal support order.
4. Recognition of Divorce: divorce decree must be granted full faith and credit by other states if the state entering the decree had jurisdiction to do so.
5. State law governing pre-martial agreements: Some states apply the law of the state where the contract was executed; OR other states apply the law of the state with the most significant relationship to the parties & transaction.

Question 3

When tested with Civ Pro, conflicts of laws tests:

Answer 3

1. Klaxon Doctrine: federal district court sitting in diversity must apply the choice of law approach prevailing in the state in which it sits. (EX: federal court sitting in Michigan will apply Michigan’s choice of law rules).
2. Change of venue: court may transfer the case to any district court where it could have been originally brought if convenience* + *“interest of justice” favor the transfer. If transferred, the new court will apply the laws that the OG court would have applied. BUT if the OG court was an improper forum and the new court is a proper forum, the new court applies its own law.
3. Statute of Limitations: the court will apply its own procedural laws even if substantive laws of another state are applied to the case. SOL is generally procedural. The court applies its own SOL law unless the claim would be barred by the state with the more significant relationship to the parties.

• Exceptions: Some states have borrowing statutes (another state’s statute should be used in certain cases) or interest analyses (analyze the interests to resolve choice of law issues)
• SOL is substantive when SOL is specific to a particular kind of claim + created by the law that created the cause of action

4. Contract claims: if K says which state law will govern the K, that’s what law applies unless (A) chosen state lacks a substantial relationship with the parties/transaction and there was no reasonable basis for the parties’ choice OR (B) chosen state law contradicts a fundamental policy of another state with a greater interest in determining the issue and that other state would have heard the case without the Ks choice.
5. Tort claims: “most significant relationship” approach (ICDR: where the injury occurred, a place where the conduct causing the injury occurred, domicile residence, and where the relationship between the parties is centered.)
6. Real property: the law of situs (law where the real property is located) BUT if a property dispute is characterized as a K dispuite, the state with the most significant relationship to the property wins.

Question 4

When tested with Decedent’s Estates, conflict of laws tests

Answer 4

1. validity of a will: Under CL, validity of will is determined by the state where testator is domiciled at the time of his death. Under Uniform Probate Code, will is valid if it complies with the law of: (A) state where will was executed, (B) state where testator was domiciled when he signed the will, (C) state where testator died.
2. Postmortem Distribution of Personal property: state where decedent domiciled at time of death
3. Postmortem Distribution of Real Property: law of situs (where property located)
4. Inheritance: whether child is entitled to inherit depends on the law of the intestate’s domicile at the time of death. (inapplicable to real property—real property is law of situs)

Answer 5

1. Validity of a will: Under CL, validity of will is determined by the state where testator is domiciled at the time of his death. Under Uniform Probate Code, will is valid if it complies with the law of: (A) state where will was executed, (B) state where testator was domiciled when he signed the will, (C) state where testator died.
2. Postmortem Distribution of Personal property: state where decedent domiciled at time of death
3. Postmortem Distribution of Real Property: law of situs (where property located)
4. Inheritance: whether child is entitled to inherit depends on the law of the intestate’s domicile at the time of death. (inapplicable to real property—real property is law of situs)