Conflict of Laws Flashcards
define domicile
Where you reside plus intent to remain
domicile of corporation
Always state where it is incorporated
Under Due Process and Full Faith and Credit clause, when a cause of action involves contacts with more than one state, a forum state may apply its own law only if it has ____
Significant contact with the state such that a choice of law is neither arbitrary nor fundamentally unfair.
If there is a contractual choice of law provision, will that be enforced over a state’s choice of law
Yes, so long as that state is somehow involved in the transaction
what are the three approaches to choice of law
- vested rights (traditional approach)- where last liable event took place
- most significant relationship approach- 2nd restatement
- government interest approach
Under the Vested Rights approach, the state applies the law of the state where____
The last liable event took place
Under the most significant relationship test, the state applies the law of the state with ____
The most significant relationship to the issue in question
Under the govt interest approach, the state applies ____
It’s own law unless there is some compelling reason not to use it
In a federal court sitting in diversity case, what state’s conflict of laws rules will be applied
The state in which it sits Unless the case was transferred from one venue to another then it applies the choice of law rules of the 1st fed venue
For torts- where is the choice of law under the three approaches
Vested rights- where last liable action took place
Sig relationship- which state has most significant ties- place of injury, domicile, place of bus of parties, place where relationship is centered are all factors
Govt interest- forum state will look to its own laws
For contracts, if there is an express choice of law provision, does that take precedence over choice of law rules
Yes
For contracts with no express choice of law provision, under 3 approaches, what determines choice of law
vested its- where contract is executed–> contract formation issues, defenses, interp
where contract to be performed–> performance issues
Significant relationship: look at 3 factors
1. location of contract, negotiation, performance
2. place of contract’s subject matter
3. location of party’s domiciles, places of biz, incorporated
For land/real estate contracts, what determines choice of law
Where land is located
For personal property contacts, what determines choice of law
Where the property is to be DELIVERED
For secured transactions of personal property, what determines choice of law issues?
law of the state in which debtor is located
Any real property issues under both approaches, what determines choice of law
Where the property is located
for personal property in a will, what determines choice of law issues
Law of where dead guy lived at time of death
for real property from a will, what determines choice of law issues
Where property is located
For questions of law related to grounds for divorce, what determines choice of law
Law of Plaintiff’s domicile
To determine enforceability of a prenup, what determines choice of law issues?
Most states use law of state with most significant relationship.
Some states use law of state where prenup was executed
Do states have to use another state’s procedural law
NO.
Under Erie, in diversity cases, a fed court must apply the ____ law of the state in which the court sits
Substantive law.
Note a state’s choice of law rules are SUBSTANTIVE
Does a state have to use another state’s criminal laws
NO
Are divorce decrees valid in other states
Yes, they are entitled to full faith and credit as long as original state had Jx to issue the decree. Decrees have proper jx if at least one person resides where decree was issued
If the state does not have personal jurisdiction over both parties in a divorce what can that state do?
the state can grant a divorce but can NOT issue an order regarding a property split, alimony or child custody (unless the non-domiciled spouse agrees to the order)
When can a court make initial custody decisions
If it is a child’s home state- - has been home state for a period of 6 mo or since birth if kid is less than 6 mo old OR was kid’s home state in past 6 mo and the child is absent from the state but one of parents still lives there.
Other states can not modify these custody degrees unless original court has NO significant connection to child or parents anymore.
