Conflict of Laws

Question 1

Domicile of Individuals

Answer 1

Where the person is physically present with the intent to remain

Question 2

Domicile of Corporation

Answer 2

State where it is incorporated

Question 3

The burden of showing a change in domicile is on…

Answer 3

The party that asserts it

Question 4

State choice-of-law rules generally have 3 sources

Answer 4

1. Specific choice-of-law statutes
2. Contractual choice-of-law agreements
3. General choice-of-law rules governed by forum state common law

Question 5

Under the Due Process clause of the 14th Amendment, the Court has held that a forum state may apply its own law to a particular case only if…

Answer 5

It has significant contact or significant aggregation of contacts with the state such that a choice of its law is neither arbitrary nor fundamentally unfair

Question 6

The Full Faith and Credit clause requires a forum state to apply the law of another state when the forum state has…

Answer 6

No contacts with or interest in the controversy

Question 7

Most courts will enforce a contractual choice-of-law provision if it is… (4)

Answer 7

1. A valid agreement with an effective choice-of-law clause
2. Applicable to the lawsuit under the terms of the contract
3. Reasonably related to the lawsuit (i.e. the law to be applied is from a state with connections to the parties or the contract} and
4. Not in violation of public policy of the forum state or an interested state

Question 8

3 approaches to how courts generally approach choice-of-law questions

Answer 8

1. Vested rights approach
2. Most significant relationship approach
3. Governmental interest approach

Question 9

Vested-Rights Approach

Answer 9

Looks for the location where the last liable event took place

Question 10

This approach looks to the jurisdiction where the parties’ rights are vested, meaning where the act or relationship that gives rise to the cause of action occurred or was created

Answer 10

Vested-Rights Approach

Question 11

Most-Significant Relationship Approach

Answer 11

Applies the law of the state with the most significant relationship to the issue in question

Question 12

Governmental Interest Approach

Answer 12

It is presumed that the forum state will apply its own law, but the parties may request that another state’s law be applied. If a party makes such a request, then that party must identify the policies of competing laws

Question 13

Under the governmental interest approach, if there is a false conflict (the forums has no interest in the litigation), then

Answer 13

the court applies the law of the state that does have an interest in the case

Question 14

Under the governmental interest approach, if there is a true conflict (forum state and another state both have an interest in the litigation), then

Answer 14

the forum state will review its own policies to determine which law should apply. If the conflict cannot be resolved, then the law of the forum state is applied

Question 15

In federal diversity cases, the fed district court is generally required to apply the conflict of laws rules of

Answer 15

the state in which it sits

Question 16

If a diversity case is transferred under federal venue law from a federal court in one state to a federal court in another state, which state’s choice of law rules will apply?

Answer 16

the first state’s

Question 17

The Full Faith and Credit Clause does not require a state to apply another’s state’s law in violation of

Answer 17

its own legitimate public policy

Question 18

Most courts will enforce a contractual choice-of-law provision if it is (4)

Answer 18

1. A valid agreement with an effective choice of law doctrine
2. Applicable to the lawsuit under the terms of the contract
3. Reasonably related to the lawsuit (i.e. the law to be applied is from a state with connections to the parties or the contract) and
4. Not in violation of the public policy of the forum state or another interested state

Question 19

Under the vested-rights approach, a tort case will be governed by the law of the place where…

Answer 19

the wrong was committed. This means the place where the last event necessary to make the actor liable for the tort took place (generally the place where the person or thing that is injured is situated at the time of the wrong)

Question 20

In a torts case, under the most-significant-relationship approach, the court considers 4 important contacts

Answer 20

1. place of injury
2. place where conduct causing injury occurred
3. domicile, residence, place of incorporation, or place of business of the parties
4. place where the relationship was centered

Question 21

In a torts case, under the governmental-interest approach, the forum state generally looks to

Answer 21

its own law, so long as that state has a legitimate interest in applying its own law

Question 22

If there is an express choice-of-law provision in the contract, then the law will govern unless (3)

Answer 22

1. it is contrary to public policy
2. there is no reasonable basis for the parties’ choice
3. OR there was a fraud or mistake and true consent was not given

Question 23

Under the vested rights approach, the law of the place where the contract is executed will apply to the following issues (3)

Answer 23

1. Validity of the contract
2. Defenses to the formation of the contract
3. Interpretation of the contract

Question 24

Under the vested rights approach, the law of the place where the contract was to be performed will apply to the following issues (4)

Answer 24

1. Details of the performance such as time and manner of performance
2. The person who is obligated to perform and the person to whom performance is to be made
3. Sufficiency of performance
4. excuses for nonperformance

Question 25

Under the most significant relationship approach, the following factors are considered in a contracts case (3)

Answer 25

1. location of the contracting, negotiation, and performance
2. place where the contract’s subject matter is located
3. location of the parties’ domiciles, residences, nationalities, places of incorporation, and places of business

Question 26

Personal property contracts are controlled by the law of the state…

Answer 26

where the place of delivery is located. (This is a default rule that will apply unless a state is found to have a more significant relationship with regard to the issue)

Question 27

Land contract are controlled by the law of the state…

Answer 27

of the situs of the land. (This is a default rule that will apply unless a state is found to have a more significant relationship with regard to the issue)

Question 28

Under the UCC, the law governing the perfection, non perfection, and priority of security interests in tangible and intangible collateral is generally the law of…

Answer 28

The state in which the debtor is located

Question 29

Questions regarding the validity of the decedent’s will regarding personal property and the transfer of personal property from someone who dies intestate or who has a will are governed by the law of…

Answer 29

the decedent’s domicile at the time of death

Question 30

Questions regarding the validity of the decedent’s will regarding real property and the transfer of real property from someone who dies intestate or who has a will are governed by the law of…

Answer 30

situs

Question 31

Questions of law relating to the grounds for divorce are controlled by the law of the…

Answer 31

plaintiff’s domicile in a divorce matter

Question 32

In determining the enforceability of a premarital agreement, most states apply the law of the state….

Answer 32

with the most significant relationship to the matter at hand. Some states use the state in which the prenup was executed

Question 33

3 arguments against the application of foreign law

Answer 33

1. that the law is procedural rather than substantive
2. against public policy
3. penal (criminal) law

Question 34

If the forum state’s law is procedural, then the ____________ law will __________ govern

Answer 34

forum state’s; always

Question 35

Which state’s law is applied to determine whether a law is substantive or procedural

Answer 35

Forum state’s

Question 36

Questions about the following matters are generally considered procedural and controlled by the law of the forum state (6)

Answer 36

1. proper court in which to bring the action
2. sufficiency of the pleadings
3. proper or necessary parties to the action
4. venue
5. rules of discovery
6. service of process

Question 37

Under Erie doctrine, in diversity jurisdiction cases, federal district courts must apply the substantive law of…

Answer 37

the state where the court sits

Question 38

In a diversity case, if no federal rule applies, then the district court must follow ______ law with regard to substance

Answer 38

state

Question 39

In a diversity case, if no federal rule applies, then the district court can, under certain circumstances can ________ ____ ________ state procedural law

Answer 39

choose to ignore

Question 40

In a fed diversity case, if it is unclear whether a given law is substantive or procedural, the court considers whether the failure to apply the state law would….

Answer 40

lead to different outcomes in the state and federal courts. If the answer is yes, then the fed court will generally apply the state law

Question 41

A state court’s choice of law rules are considered to be substantive/procedural

Answer 41

substantive

Question 42

Divorce decrees from other states are entitled to full faith and credit as long as the original state had

Answer 42

jurisdiction to issue the decree and the decree is valid in the original state. Decrees have proper jurisdiction if at least one person resides where the decree was issued

Question 43

Bilateral divorce

Answer 43

Court has personal jurisdiction over both spouses and at least one spouse is domiciled in the state, then the divorce judgment will be a valid bilateral divorce and will be entitled to full faith and credit

Question 44

Ex Parte Divorce

Answer 44

Plaintiff spouse seeking divorce is domiciled in the forum state, the courts of that state have jurisdiction to dissolve the plaintiff’s marriage. However, the court may not issue a binding order affecting personal rights of the spouses such as property rights, alimony, and child custody unless the other spouse who is not domiciled in the state agrees to the order

Question 45

Under the Uniform Child Custody Jurisdiction and Enforcement Act, the court can make initial custody decisions if it is in the child’s

Answer 45

home state and all other states must give full faith and credit. Other state’s cannot modify these custody decrees unless the original court has no significant connection to the child or parents anymore