Conflict of Laws

Question 1

Conflict of Laws in Family Law:
-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 a 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

examples of what may violate public policy and examples of what do NOT violate public policy

Answer 3

-examples of what may violate public policy include incest and polygamy
-examples of do not violate public policy: blood test requirements, marriage license requirements, and recognition of common law marriage

Question 4

Common law marriage

Answer 4

-recognized by the state where the couple entered into the marriage, then it will be recognized by ALL other states

Question 5

Jurisdiction over divorce vs. jurisdiction over spousal support and property division

Answer 5

-Personal jurisdiction over both spouses is NOT necessary to render a divorce decree:
—the state rendering the decree ONLY needs juris. over the P spouse
—However, personal juris. over BOTH spouses is necessary to issue a binding property division order OR support order (this is the concept of a “divisible” divorce decree)

Question 6

recognition of a divorce

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 (more common) will apply the law of the state with the most significant relationship to the parties and the transaction

Question 8

Conflict of Laws with Fed. Civil Procedure: the Klaxon Doctrine

Answer 8

-federal district court in a diversity case MUST apply the choice of law approach of the state in which it sits
-change of venue rules: if a case is transferred to a more appropriate forum, the law of the transferor court will apply

Question 9

Klaxon doctrin

Answer 9

-a federal district court sitting in diversity MUST apply the choice of law approach prevailing in the state in which it sits (therefore removes any incentive for parties to forum-shop)

Question 10

change of venue

Answer 10

-a court may transfer a case to any district court in which it could have been brought IF convenience and the “interest of justice” favor a transfer
-when a case is transferred to a more appropriate forum under this rule: 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

Note on change of venue: case originally filed in an improper forum and transferred to a proper forum

Answer 11

*note: the result is different if the case was initially filed in an improper forum and was transferred to a proper forum: in that case, the transferee court would apply its own law, rather than the law of the transferor court, since the transferor court would not have the power to hear the case in the first place

Question 12

statute of limitations

Answer 12

-generally a court will apply its own procedural laws even if the substantive laws of another state are applied to the case
-a statute of limitations is generally considered PROCEDURAL
-generally, a court 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 13

statute of limitations rule exceptions

Answer 13

-borrowing statute: some states have a borrowing statute which indicates that the other state’s statute should be used in certain cases
-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, the court will often characterize the statute of limitations as SUBSTANTIVE
(traditionally this was applied only when the foreign statute barred an otherwise timely action, not when it extended the time for bringing the action)
-interest analysis: some states will simply use an interest analysis to resolve choice of law issues, including statute of limitations issues

Question 14

choice of law clause in a contract claim

Answer 14

-if a contract specifies the state law that it will be governed by, generally that law will apply
-Restatement (2nd) of Conflict of Laws provides that the law chosen by the parties will be applied UNLESS
(1) the chosen state has NO substantial relationship to the parties or the transaction AND there is NO other reasonably basis for the parties’ choice; or
(2) application of the law of the chosen state would be contrary to a fundamental policy of a state that has a materially greater interest than the chosen state in the determination of the particular issue and which, under the “most significant relationship” test, would be the state of applicable law in the absence of an effective choice of law by the parties

Question 15

corporations

Answer 15

-the law of the state of incorporation govern existence, structure, adn internal matters such as capacity, shareholder’s rights, etc.
-rights and liabilities (external matters) are determined by the state with the most significant relationship

Question 16

tort claim

Answer 16

-a jurisdiction analyzes a specific tort claim under the :most significant relationship” approach found in the Restatement (2nd) of Conflict of Laws:

Question 17

the four factors listed in the Restatement (2nd) of Conflict Laws for analyzing a specific tort claim to see which state has the most significant relationship to the occurrence and the parties: (I Can’t Dance Really)

Answer 17

(1) the place where the Injury occurred;
(2) the place where the Conduct causing the injury occured;
(3) the Domicile, residence, nationality, place of incorporation, adn place of business of the parties; and
(4) the place where the Relationship, if any, between the parties is centered

Question 18

Real Property Conflict of Laws

Answer 18

-a court generally uses the law of the situs for teh land (ie. the law where the real property is located)
-occasionally, the state will characterize a dispute over real property as say, a contract dispute, and look at which state has the most significant relationship to the property if it makes more sense in the given case

Question 19

Conflict of laws: validity of a will

Answer 19

-at common law, the validity of a will was determined under the law of the state where the testator was domiciled at the time of his death
-Under the 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. (many non UPC states have similar statutes)

Question 20

personal property

Answer 20

-the postmortem distribution of personal property is governed by teh law of the state in which the decedent was domiciled at the time of his death.

Question 21

real property

Answer 21

-the postmortem distribution of real property is governed by teh law of situs (ie. the law of the place where the property is located)

Question 22

inheritance

Answer 22

-whether a child is entitled to inherit depends on the law of the intestate’s domicile at the time of death
-However, this is inapplicable to real property as the law governing real property is the law of situs