Conflict of laws Flashcards
Marriage Validity
1st Restatement (Traditional): the validity of marriage is governed by the law of the state where the marriage was celebrated.
==> If the marriage is valid where it was celebrated, it is recognized in all other states.
==> EXCEPT if a marriage violates a particularly strong public policy of the domicile of either party
2nd Restatement:
such a marriage will be valid everywhere else unless the marriage violates the public policy of the state with the most significant relationship with the parties at the time of marriage.
STEP 1: Divvy up assets by state (law of situs)
STEP 2: apply intestate/ will reqs of state
Personal Property COL
Questions regarding the transfer of personal property from someone who dies intestate or who has a will are** governed by the law of the deceased’s domicile at the time of death. **
STEP 1: Divvy up assets by state
STEP 2: apply intestate/ will reqs of state
E.g. bank accounts
Real Property COL
Questions regarding the transfer of real property from someone who dies intestate or who has a will are governed by the law of the situs.
STEP 1: Divvy up assets by state (personal or real?)
STEP 2: apply intestate/ will reqs of state
Adoption COL
A parent-child relationship must be established for an individual to be classified as issue of another.
Under the UPC and the majority of jurisdictions, adoption establishes a parent-child relationship between the stepparent and child, including full inheritance rights in both directions.
Non-marital Kids COL
The common-law rule was that if a child was born out of wedlock, he could not inherit from his natural father.
Most jurisdictions provide that an out-of-wedlock child can inherit from his natural father if
(i) the father subsequently married the natural mother,
(ii) the father held the child out as his own and either received the child into his home or provided support,
(iii) paternity was proven by clear and convincing evidence after the father’s death, or
(iv) paternity was adjudicated during the lifetime of the father by a preponderance of the evidence.
It has been held unconstitutional to deny inheritance rights to a nonmaterial child when paternity has been established during the father’s lifetime.
Foreign SOP
The Federal Rules of Civil Procedure allow service of process on a corporation outside the United States to be made using any methods available for service of an individual outside the United States, except personal delivery.
These methods include service in any manner, internationally agreed upon, which is reasonably calculated to give notice.
If no international agreement exists, service may be effected by any method ordered by the court that is not prohibited by the law of the foreign country.
Constitutional Reqs for SOP
To meet the Constitution’s due process requirements, a litigant must be given reasonable notice of the action, under all the circumstances, so as to apprise him of the pendency of the action and allow an opportunity to object.
==> Even if the Federal Rules of Civil Procedure allow a certain method of service, the method must be constitutional to be employed.
Most Significant Relationship
“Most significant relationship” approach—applies the law of the state with the most significant relationship to the issue in question
* Forum court will:
(i) isolate the precise legal issue that results in a conflict between
competing states;
(ii) identify the policy objectives that each state’s law seeks to
achieve with respect to such issue; and
(iii) determine each state’s interest in view of its policy objectives, concluding which state has a superior connection
Under that approach,
1. tort issues are governed by the law of the state that has the most significant relationship to the occurrence and the parties, based on several principles.
- Courts will consider several contacts with the state, including
(i) the place where the injury occurred,
(ii) the place where the conduct causing the injury occurred,
(iii) the place of incorporation, and the place of business of the parties, and
(iv) the place where the relationship, if any, between the parties is centered.
In tort matters, the default rule is that the place of the injury controls, unless another state has a more significant relationship to the parties or to the occurrence of the tort.
