Conflict of laws

Question 1

Civil procedure

Answer 1

federal court, with diversity jurisdiction:
- Apply state substantive law, and federal procedural law
- Apply state law of the state in which the federal court sits
- Change of venue does not change the governing law, still apply the prior state’s substantive law, UNLESS, the prior court lacked PJ or venue, then apply state law in which the new court sits

Question 2

Business Associations

Answer 2

To transact business in state other than where its incorporated, corporation must file a “foreign registration statement” with the state’s secretary of state

Mergers: The laws of the state where each corporation is incorporated defines each corporations own merger requirements

Question 3

Wills trusts and estates

Answer 3

State of domicile for personal property,

but state laws of location where real property is located

Question 4

Family law

Answer 4

(Covered in those notecards)