Conflict of Laws Flashcards
What is the main conflict of laws question with respect to the MEE?
Conflict of laws questions ask about the difference of law between two or more jurisdictions and which law is properly applied in the given circumstances.
What is the Klaxon doctrine?
In diversity cases, federal courts apply the choice-of-law rules of the state in which the federal court sits.
What is the vested rights approach?
Under vested rights, federal courts apply specific vesting rules created by statute. Particular substantive areas of law, torts for example, will have a particular rule that chooses which law to apply in specific instances.
What is a false conflict case?
False conflict cases occur when (1) there exists no relevant difference between laws of 2 or more jurisdictions OR (2) the laws would result in the same outcome anyway.
What law is applied when a federal court transfers venue?
The law of the transferor jurisdiction is applied by the transferee jurisdiction.
What are the requirements for transfer of venue?
(1) Transfer is in the best interest of justice
(2) The new venue has valid subject matter jurisdiction
(3) The new venue has valid personal jurisdiction over (the defendant)
Significance and requirements of the full faith and credit clause?
States must recognize final judgments from other states provided that:
(1) the original court had valid jurisdiction over the case (both subject matter jurisdiction and personal jurisdiction)
(2) there was a final judgement on the merits.
What is government interest analysis?
When government interest analysis is applied, the court considers which states have a –legitimate– interest in the outcome of the case.
A court applying this approach will apply its own law as long as it has a legitimate interest in the outcome.
If the state does not have a legitimate interest in the outcome, the court will apply the law of the state that does have a legitimate interest.
What is most significant relationship analysis?
The court will apply the law of the state that has the MOST substantial and significant interest in the result of the case.
What law is applied to cases involving immovable real property?
Law of the situs. I.e., the law of the state or jurisdiction in which the property is located.
What law is applied to cases involving inter vivos transfer movable property?
Courts look at where the property was located at the time of the transaction and apply the law of that jurisdiction (temporal law of the situs).
What law applies to movable property transferred by inheritence?
(DD)(DD) Apply the law of the jurisdiction where: Decedent’s Domicile at Date of Death.
What is the validity rule for marriages?
A marriage that was valid in one state receives full faith and credit and must be recognized in all other U.S. jurisdictions.
Two ways to acquire domicile
By choice or by law
Acquire domicile by choice
Person must (1) abandon previous domicile (2) establish physical presence (3) intent to remain for indefinite time shown by (a) actions and statements taken as a whole (b) relevant facts (owning real estate, voting, etc.)
Acquire domicile by law
Person with no legal capacity to choose domicile (i.e., child – takes domicile of parent, or custodial parent if they are in diff states)
When does an issue of choice of law arise?
Whenever the law of more than one jx arguably applies to the same set of facts
What is the traditional approach to choice of law?
Rule: as soon as a legally significant event occurs, a legal right vests under the laws of the state where it occurred. Apply the law of this state where it vests. Vests when: last act takes place that is necessary to give P a necessary COA
Governmental Analysis Approach
Rule: a law applies to a set of facts if its application to those facts would promote the underlying purposes of the law. If the law of a state applies, the state is “interested.”
Determine interested states (interests promoted/furthered):
(1) States have an interest in applying conduct regulating law when the wrongful conduct occurs within the state, or when state domiciliary is injured. (Conduct regulating = designed to reg conduct (conduct unlawful))
(2) States have an interest in applying loss-shifting law when doing so would benefit a state domiciliary (Loss shifting = determine who can/not be liable (immunity, vicarious liability, etc.))
False conflict
Only one state truly interested; apply law only of interested state
True conflict
More than one state interested; apply law of forum state
Unprovided for case
neither state interested; apply law of forum state
Most Significant Relationship Analysis/Second Restatement
apply the law of the state with the most significant relationship to the particular issue in question.
seven guiding principles (three clusters) for significant relationship
(a) Promoting the relevant policies of the forum and other interested states
(b) Systemic interests (CUPS—certainty, uniformity, predictability, and simplicity)
(c) Protecting the justified expectations of the parties (only applies to planned transactions, e.g., contracts, trusts, real prop)
Significant Relationship process
Apply seven guiding principles, then for each issue,
(1) Consider list of contacts to apply guiding principles
(2) Presumptions based on issue
