Conflict of Laws Flashcards
Erie Doctrine
Under the Erie doctrine, a federal court sitting in diversity must apply the law of the forum state in which it sits regarding substantive areas. However, a federal court will apply its own procedural law.
Borrowing Statute
When a borrowing statute applies, the court looks to both forums statute of limitations period and applies the shorter period.
Application of Foreign Statute
When the normal choice of law analysis leads to the application of a foreign statute that creates a substantive right then the entire statute is applied including the provision related to the statute of limitations.
Proper Venue Transfer
When a diversity case is filed in proper venue and is transferred within the federal system, the federal court applies the choice of law approach of the transferor court.
Improper Venue Transfer or FSC Clause
When a diversity case is filed in an improper venue or in defiance of a forum selection clause, the law of the transferee court will apply.
Full Faith and Credit Clause
The Full Faith and Credit Clause applies when rendering state has jurisdiction, the judgment has been entered on the merits, and the judgment entered was a final judgment.
Marriage
If a marriage is valid where performed, the marriage will be recognized as valid everywhere so long as it is a final judgment, decided on the merits, and the state had jurisdiction.
Conflict of Laws:
Divorce
A divorce decree must be granted full faith and credit by other states if the court rendering the divorce decree had jurisdiction to enter it. A divorce is valid if petitioning party was domiciled in the state and granted the divorce and adequate notice of the proceeding was provided to the other spouse.
Internal Affairs Doctrine
Under the internal affairs doctrine, the internal affairs of a corporation are governed by the state of incorporation.
Choice-of-Law Provision in Contracts
A valid choice of law provision in a contract will determine the applicable law. A provision is deemed invalid if the law selected has no reasonable relationship to the contract and the law was included with no true mutual consent.
TVR Approach: Contract Formation
When applying the traditional vested rights approach to contract claims related to contract formation, the choice of law will be the jurisdiction where contracting took place.
TVR Approach: Contract Performance
When applying the traditional vested rights approach to contract claims related to performance, the choice of law will be the jurisdiction where performance is due.
MSR Approach: Contracts
When applying the most significant relationship approach in contract, the choice of law will be the jurisdiction that has the most significant relationship to the contract and contracting parties. The court considers the place of contracting, place of negotiations, place of performance, and domicile of parties. The court also considers the relevant policies of the forum, relevant policies of connected states, and reasonable expectation of parties.
TVR Approach: Torts
When applying the traditional vested rights approach in tort, the choice of law will be the jurisdiction where the injury occurred.
MSR Approach: Torts
When applying the most significant relationship approach in tort, the choice of law will be the jurisdiction that has the most significant relationship to the injury. The court must consider the place of injury, the place of the conduct causing injury, domicile of the parties, and where the relationship is centered. The court also considers the relevant policies of the forum state and connected states.
Real Property
For property claims involving real property, the choice of law will be the law of the situs “location of the land.”
Personal Property Inheritance
For personal property that is to be conveyed by an inheritance, the choice will be the jurisdiction where decedent was domiciled at time of death.
