Conflict of Laws

Question 1

Traditional Vested Rights

Priority: Medium

Answer 1

Apply the law of the state in which the transaction or event occured.

Question 2

Most Significant Relationship

Priority: High

Answer 2

Apply the laws of the state having the most significant relationship to the trasnaction and the parties.

Question 3

Interest Analysis

Priority: High

Answer 3

Court will weigh the interests of the states involved, including:
1. the connections the states have with the parties
2. analyze the difference in the state laws
3. pinpoint the underlying policies behind those state laws

Then apply the facts to the laws to determine which state has a greater interest in having it’s law applied

Question 4

Choice of Law Clauses in Contracts

Priority: High

Answer 4

Generally, parties are allowed to choose the law that will be applied when constructing contracts as long as:
1. the state has some connection with teh contract;
2. the contract has not been entered into fraud, duress, or mistake; and
3. the choice of law is not contrary to the substantial policy interest of another state that has a more significant interest

Question 5

Inheritance of Real and Personal Property

Priority: High

Answer 5

Real Property: The state where real property sits governs its disposition.

Personal Property: The state of domicile at the time of death governs the disposition of a decedent’s personal property.

Question 6

Full Faith and Credit: Marriage

Answer 6

A marriage that is valid where formed is valid everywhere unless:
1. It violates a strong public policy of another state
2. the new state has the most significant relationship to the spouses and marriage

Question 7

Full Faith and Credit: Family Law Decisions

Answer 7

A valid divorce is valid everywhere.

Child Support and Alimony decisions are given full faith and credit, if the original court had personal jurisdiction over the the defendant-spouse