Conflict of Laws

Question 1

What are the elements for domicile? What is a corps domicile?

Answer 1

1. physical presence, and
2. intent to remain indefinitely.
   for corps, its where there incorporate state is, or their HQ (“brain center”)

Question 2

What is the most significant relationships test for conflict of laws?

Answer 2

Rights of the parties determined using law of state with most signficant relationship to party and case. Factors:
A. needs of interstate system, relevant policies of interested states and forums, protection of justified expectations, ease in determination and application of law to be applied.

Question 3

What is the governmental interest approach?

Answer 3

1. Courts will look to see if the law of the foreign juris is different from law of forum juris
2. Is there a true conflict or not (if one state doesn’t actually have any citizenry of the parties or public policies wouldn’t change.) if no conflict, apply state A.
3. If conflict, ask which jurisdictions policy would be advanced more by application to the facts of the case.

Question 4

When does a choice of law clause apply?

Answer 4

It will apply, unless:
1. Chosen state has no substantial relationship to the parties or transaction, or
2. application of chosen state will be contrary to a fundamental policy of a state with a materially greater interest, and fulfills the most significant relationship test.

Question 5

What about most significant relationship for torts, 4 factors?

Answer 5

1. Place where injury occurred
2. place where conduct caused hte injury
3. domicile, residence, nationality, of parties
4. center of relationship between parties

Question 6

What about most signficant relationship for contracts?

Answer 6

1. place of contracting,
2. place of negotiations,
3. place of performance,
4. location of subject matter
5. domicile

Question 7

What are the approaches for choice of law to real property?

Answer 7

A. traditional - law of the situs. the law of the state where it is located will be applied.
B. 2nd restatement - most significant relationship test

Question 8

What are the approaches to choice of law for personal property?

Answer 8

A. law of the situs
B. most significant relationship

Question 9

Decedents estates distribution choice of law for real and personal

Answer 9

A. personal - governed by law of state where decedent died
B. Real property - situs.

Question 10

recognition of marriage and divorce between states?

Answer 10

A. Valid unless violates strong public policy in the state with most significant relationship. examples:
Incest, polygamy.
what does not: blood tests, common law marriage, marriage cert requirements.

Divorce decrees must be rendered full faith and credit if court rendering had juris.

Question 11

What are the escape devices for conflict of law?

Answer 11

A. public policy (will not apply another states laws if violates public policy).
2. penal laws (a penal law is where a state recovers damage)
3. revenue laws (treat the same as penal)

Question 12

What is full faith and credit?

Answer 12

A State must recognize a final judgment so long as:
1. judgment is on the merits
2. the ruling court had jurisdiction.

Question 13

What is the klaxon rule?

Answer 13

A state sitting in diversity must apply the choice of law approach prevailing in its state.