Conflict of Laws Flashcards
domicile for conflict of laws analysis
individuals: presence + intent to stay
corp: where incorporated
due process consideration for conflict of laws
forum state may apply its own law only if the case has significant contact/aggregation of contracts with the state such that its not arbitrary or fundamentally unfair
when will courts enforce contractual choice of law provision
- valid agreement
- applicable to the lawsuit under the terms of k
- reasonably related to the lawsuit and
- not involution of public policy
what are the approaches to choice of law
vested rights (FIrst restatement)
most significant relationship (Second restatement)
governmental interest
what is vested rights approach
looks at where the cause of action arose. Look for location of last liable event
how do you apply vested rights approach
see if procedural or substantive
procedural – forum court applies own rules
substantive – identify what kind of substantive law and do that approach
what 3 clusters of principles do courts apply for figuring out most significant relationship
- promoting relevant policies of forum and other interested states
- systemic interests of certainty, uniformity, predictability, simplicity
- protecting the justified expectations of parties
what is governmental interest approach
presumed forum will apply own, but party may request another
what is false conflict in government interest approach
false conflict - forum state has no interest in litigation, forum will apply other state’s law
what is true conflict in government interest approach
forum state and other state both have interest
forum state will review own policies to determine which law should apply
can’t resolve?? apply forum
what happens if diversity case was transferred under venue law from a federal court in one state to federal court in another state
apply law of original state
vested rights and most significant relationship approach for TORTS
VR: law of place where wrong was committed
MSR:
i) palace of injury
ii) place where conduct causing it occurred
iii) domiciles of the parties
iv) place where relationship is centered
vested rights approach for CONTRACTS
WHERE K EXECUTED
- validity
-defenses to formation
- interpretation
WHERE K WAS TO BE PERFORMED
- details of performance
- person obligated to perform/ person to get performance
- sufficiency of performance
- excuses for non performance
most significant relationship approach for CONTRACTS
3 clusters of principles
- promoting relevant policies of states
- systemic interests
- justified expectations
AND
- location of contracting, negotiation, performance
- place where k’s subject matter is
- location of parties domicile
usually will be where negotiation + performance
express choice of law for contracts will govern UNLESS
-against public policy
- no reasonable basis for parties choice
- mistake or fraud or no consent
default rules for land contracts
law of state where land is located
default rule for personal property contracts
law of state where the place of delivery is
default rule for secured transactions
law of state where debtor is
vested rights approach and most significant relationship approach for property NOT covered by UCC
state in which property was located at time of transaction
most significant relationship approach for property NOT covered by UCC
law of location of the tangible personal property at time the relevant transaction took place
rule for validity of will regarding personal property inheritance
law of deceased’s domicile at time of death
law for validity of will regarding real property inheritance
law of where the property is
rule for enforceability of premarital agreement
most states: law of state with most significant relationship
some states: where executed
3 defenses against application of another state’s law
- it is procedural not substantive
- against public policy or
- a penal law
what if the law sought to be applied is procedural
forum state wins every time
these are generally procedural
- proper court to bring action
-sufficiency of pleadings - proper / necessary parties
- venue
- rules of discovery
- service of process
Erie doctrine conflict of laws rule
in diversity cases, federal district court must apply substantive law of state where court sits
note: choice of law rules are substantive
what is a bilateral divorce
if court has PJ over both spouses and at last one spouse is domiciled in state, then its bilateral and entitled to full faith and credit
what is ex party divorce
plaintiff is domiciled in forum state, and court can divorce
BUT cannot do anything else
uniform child custody jdx and enforcement act says that who can make initial custody decisions
home state
other states cannot modify unless OG court has no significant connection anymore
