Conflict of Laws

Question 1

FAMILY LAW

FULL FAITH AND CREDIT

Answer 1

a state must recognize final judgments of other states so long as the judgment is** on the merits** and the other state had jurisdiction

Question 2

Family Law

RECOGNITION OF MARRIAGE

Answer 2

A marriage which is valid under the law of the state where it was contracted will be valid elsewhere unless it violates a strong public policy of the state that has the most significant relationship to the spouses and the marriage.

Some examples of what may violate Public policy include **incest **or polygamy.

Examples of what do not violate public policy include blood test requirements, marriage license requirements, and recognition of common law marriage.

Common law marriage is virtually always tested when this principle is tested.

So, know that if the marriage is recognized by the state where the couple entered into the marriage, it will be recognized by all other states.*

Question 3

Family Law

JURISDICTION OVER DIVORCE v. SPOUSAL SUPPORT and PROPERTY DIVISION

Answer 3

DIVORCE = NO PJ
Personal jurisdiction over both spouses is not necessary to render a divorce decree. The state rendering the decree** only needs jurisdiction over the plaintiff spouse**.

SUPPORT & PROPERTY = PJ OVER BOTH
However, personal jurisdiction over both spouses is necessary to issue a binding property division order or support order. (This embodies the concept of a “divisible” divorce decree.)

Question 4

Family Law

RECOGNITION OF DIVORCE

Answer 4

must be granted in FULL FAITH and CREDIT by other states if court rendering divorce has jurisdiction to enter it

Question 5

Family Law

what state law governs premarital agreements?

Answer 5

some states apply law of state contract was EXECUTED, other states (majority) apply laws o fstate with most signficiant relationship to parties

Question 6

Civil Procedure

KLAXON DOCTRINE

Answer 6

A federal district court sitting in diversity must apply the CHOICE OF LAW approach prevailing in teh state which it sits

***If a state claim in Michican is brought by Michigan P against IL Defendant, in district court in Michigan on diversity basis, MUST APPLY MICHICAN CHOICE OF LAW when determining what sttae law applies

Question 7

Civil Pro

STATUTE OF LIMITATION

Answer 7

court usually applies its own procedural laws, even if susbtantive of another state are applied to the case

considered PROCEDURAL

UNLESS BARRED BY LAW OF THE STATE MORE SIGNFICANT IN RELATIONSHIP

Question 8

DECEDENTS ESTATES

Validity of a Will

Answer 8

Determined under law of the state where T was domiciled at the time of his death

UPC - valid if it complies with law of state excuted or where T domiciled at death