Conflict of Laws

Question 1

When will a court enforce a contractual choice of law agreement?

Answer 1

Courts will enforce the contractual choice of law agreement if it is:
(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; and
(4) Does not violate the public policy of the forum state or another interested state.

Question 2

Under the _________________ the court looks to the location where the last liable event took place to determine choice-of-law.

Answer 2

vested rights approach

Question 3

TRUE OR FALSE: Under the doctrine of renvoi, a forum court that is applying the law of another state must also apply that foreign state’s conflict-of-law rules.

Answer 3

True. Under the doctrine of renvoi, a forum court that is applying the law of another state must also apply that foreign state’s conflict-of-law rules. This means that the court must look at the whole body of the foreign state’s law, including its conflict-of-law rules, which may, in turn, refer the court back to the law of the forum state or to the law of a third state.

Question 4

Under Klaxon in a federal diversity case, the federal district court is generally required to apply the conflict-of-laws rules of ___________________, only to the extent that the state’s rules are valid under the Full Faith and Credit and Due Process Clauses of the U.S. Constitution.

Answer 4

the state in which it sits

Question 5

How does a court determine an individual’s domicile?

Answer 5

Domicile is determined by:
(1) a person’s actual physical presence in a location, and
(2) the person’s intent to make the location his/her home for the time being.

Question 6

TRUE OR FALSE: Under the dépeçage approach, the law of one state may govern one or more particular issues while other issues are controlled by the law of one or more other states.

Answer 6

TRUE

Question 7

Under the Due Process Clause of the Fourteenth Amendment, a forum state may apply its own law to a particular case only if it has _______________ with the state such that a choice of its law is neither arbitrary nor fundamentally unfair.

Answer 7

significant contact(s)

Question 8

Questions of law relating to the grounds for divorce and personal property are controlled by the law of _________________ in a divorce matter.

Answer 8

the plaintiff’s domicile

Question 9

Under the most-significant-relationship approach, what are the four important contacts the court considers?

Answer 9

The court considers the:
(1) place of injury;
(2) place where conduct causing injury occurred;
(3) domicile, residence, place of incorporation, or place of business of the parties; and
(4) place where the relationship is centered.

Question 10

Divorce decrees from other states are entitled to full faith and credit as long as the original state had ____________ to enter the decree and the decree is _____________in the original state.

Answer 10

jurisdiction; valid

Question 11

TRUE OR FALSE: For transactions governed by the UCC when the debtor and the collateral are located in different states, then the law of the state where the debtor is located determines perfection, the effect of perfection or nonperfection, and the priority of that security interest if the security interest is a possessory security interest.

Answer 11

FALSE: If the security interest is a possessory security interest, then the law of the state where the collateral is located determines perfection, the effect of perfection or nonperfection, and the priority of that security interest.

Question 12

What are three arguments generally made against the application of foreign law?

Answer 12

That the law applied is: (1) procedural rather than substantive, (2) against public policy, or (3) a penal law.

Question 13

TRUE OR FALSE: Under Erie, in diversity jurisdiction cases, the federal district court must apply both the procedural law and substantive law of the state where the court sits.

Answer 13

FALSE: Under the Erie doctrine, in diversity jurisdiction cases, federal district courts must apply the substantive law of the state where the court sits.

The Erie doctrine does not require that the state’s procedural laws be applied, however, and if a Federal Rule of Civil Procedure addresses the procedural issue at hand, then that rule will be applied. If no federal rule applies, then the district court must follow state law with regard to substance, but it can choose to ignore state law with regard to procedure, under certain circumstances.

Question 14

Under the Restatement (Second) approach, land contracts are controlled by the law of the state of __________________.

Answer 14

the situs of the land (the situs of real estate (land) is where it is located.)

Question 15

In the absence of a stipulation regarding the applicable governing law under the UCC, what law applies to the transaction?

Answer 15

The forum state will apply its version of the UCC to transactions bearing an appropriate relation to the forum state.

Question 16

What are the seven policy principles under the most-significant relationship approach to choice of law?

Answer 16

(1) The needs of the interstate or international system.
(2) The relevant policies of the forum.
(3) The policies of the interested states.
(4) The parties’ expectations.
(5) The policies underlying the substantive areas of law.
(6) Certainty, predictability, and uniformity.
(7) The ease of future application.

Question 17

TRUE OR FALSE: Workers’ compensation matters are governed by the state in which the employee was hired or employed.

Answer 17

FALSE: Any state with a legitimate interest in an injury and its consequences may apply its workers’-compensation act.

In general (and this can vary depending on the state’s statute), a state will have a legitimate interest if it is the state where:
(i) the employment relationship was entered into by the worker and the employer,
(ii) the injury to the employee occurred,
(iii) the employment relationship principally occurred (even if the injury did not occur there), or
(iv) the employee or the employee’s dependents reside.

Question 18

Under the UCC, for issues involving corporate securities, the law of the _________________ generally controls.

Answer 18

issuer’s state of incorporation

Question 19

Under the vested-rights approach to contract disputes, the laws of _______________________________________ determine the validity, defenses to formation, and interpretation of the contract, whereas the details of performance are governed by the laws of _______________________________________.

Answer 19

the location where the contract was executed; the location where the contract was to be performed.

Answer 19

the law of the deceased’s domicile at the time of death; the law of the situs of the real property.

Question 20

For matters of perfection, the effect of perfection or nonperfection, and the priority of security interests in tangible collateral, the law of the state in which ___________ is located generally govern.

Answer 20

the debtor

Question 21

What three requirements must be met in order for a judgment to meet the full faith and credit requirements?

Answer 21

It must: (1) have been brought in the proper jurisdiction, (2) be finalized (with no appeals outstanding), and (3) be on the merits.