conflict of laws

Question 1

domicile for individuals requires

Answer 1

physical presence + intent

person has present intent with the intent to remain for an unlimited time and when he abandons any prior domicile

Question 2

domicile for individuals can be acquired by

Answer 2

choice or operation of law

Question 3

domicile for corps

Answer 3

state where it is incorporated

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

constitutional limitations on choice of law

Answer 5

forum state may apply its own law to a particular case only if it has a significant contact or significant aggregation of contacts with the state such that application is neither arbitrary nor fundamentally unfair

Question 6

party-controlled choice of law – most courts will enforce a contractual choice of law provision if it is

Answer 6

• A valid agreement with an effective choice-of-law clause
• Applicable to the lawsuit under the terms of the contract;
• 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
• Not in violation of the public policy of the forum state or another interested state.

Question 7

approaches to choice of law

Answer 7

1) vested rights (1st restatement)
2) most significant relationship approach (2)
3) governmental interest approach

Question 8

vested rights approach

Answer 8

where last liable event took place

Question 9

governmental interest approach

Answer 9

presumed that forum state will apply its own law

Question 10

Torts – vested rights approach

Answer 10

law where wrong was committed

Question 11

Torts – most significant relationship approach

Answer 11

1) place of injury
2) place where conduct causing injury occurred
3) domicile of parties
4) place where the relationship is centered

Question 12

contracts – express choice of law will govern unless

Answer 12

• contrary to public policy
• no reasonable basis in parties’ choice OR
• fraud/mistake, true consent not given

Question 13

contracts – vested rights approach

Answer 13

Law where contract is executed will apply to validity of contract, formation defenses, interpretation of the contract

Law where contract was to be performed will apply to details of performance like manner and time, person who is obligated to person and to whom performance is made, sufficiency of performance, excuses for nonperformance

Question 14

contracts – most significant relationship approach considers

Answer 14

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

Question 15

contracts – default rules

Answer 15

land contracts –> controlled by law of the state of the situs (location of the land)
personal property contracts –> law of the state where the place of delivery is located

Question 16

property – tangible personal property

Answer 16

sale of tangible personal property governed by UCC, which allows for

1) party stipulation
2) forum state will apply its version of the UCC

Question 17

property – vested rights approach (tangible property)

Answer 17

applies law of the state in which the property was located at the time of the transaction

Question 18

property – most significant relationship approach (tangible property)

Answer 18

law of the location of the tangible property at the time the relevant transaction took place

Question 19

property (real) – vested rights approach

Answer 19

law of the situs of the real property governs legal issues concerning the title and the disposition of real property and whether any interests in the property can be gained or lost

law will refer to law of situs state even with regard to choice of law rules

Question 20

property (real) – most significant-relationship approach

Answer 20

Under the most-significant-relationship approach, the law of the situs of the real
property is generally presumed to be most significant.

Question 21

inheritance – personal property – choice of law?

Answer 21

law of the deceased’s domicile at the time of death

Question 22

inheritance – real property – choice of law?

Answer 22

law of the situs

Question 23

divorce – questions of law relating to grounds for divorce controlled by

Answer 23

law of plaintiff’s domicile

Question 24

family law – premarital agreement

Answer 24

most states apply law of state with most significant relationship

Some states apply law of the state in which premarital agreement was executed

Question 25

3 general arguments against application of law from another state -- that the law is

Answer 25

1) procedural rather than substantive 2) against public policy 3) penal law

Question 26

examples of law that would be considered procedural

Answer 26

- proper court in which to bring an action - sufficiency of the pleadings - proper or necessary parties - venue - rules of discovery - services of process