Conflict of Laws Flashcards
What is the traditional vested rights approach in choice of law?
The court applies the law of the jurisdiction where the event that gave rise to the lawsuit occurred.
Under the governmental interest approach, what does the court consider?
The policies behind the respective laws and whether it is reasonable for jurisdictions to assert an interest.
What are the factors considered under the Most Significant Relationship approach?
- Relevant policies of the forum and other jurisdictions
- Relevant policies underlying the field of law
- Uniformity of result
- Ease of application of the law
In contracts, what must parties consider for a valid choice-of-law provision?
- The jurisdiction selected must have some connection to the contract
- The choice of law must not contradict a substantial policy interest of another jurisdiction
If a contract lacks a valid choice-of-law provision, which approaches do courts use?
- Vested Rights
- Most Significant Relationship
What does the vested rights approach apply in contract issues?
The law of the jurisdiction where the contract was formed.
What factors does the court consider under the Most Significant Relationship approach in contracts?
- Place where the contract was formed
- Place where the contract was negotiated
- Place of performance
- Location of the subject matter
- Connection of the parties to the forum
In tort cases, what are the approaches used to determine the applicable law?
- Vested Rights
- Governmental Interest
- Most Significant Relationship
What does the vested rights approach apply in tort cases?
The law of the jurisdiction where the injury occurred.
What factors are considered under the Most Significant Relationship approach in torts?
- Place of the injury
- Place where the conduct causing injury occurred
- Connection of the parties to the forum
- Place where the relationship between the parties is centered
What law generally governs issues affecting title to land?
The law of the jurisdiction where the real property is located.
How is the disposition of a decedent’s personal property governed?
By the law of the jurisdiction of the decedent’s place of domicile.
How are procedural issues generally treated in choice of law?
Courts use their own law for procedural issues.
What is the Erie Doctrine?
A federal court sitting in diversity must apply the law of the forum state regarding substantive issues.
What must courts give full faith and credit to?
The judicial proceedings of every U.S. state and territory, unless there is a valid defense.
What are valid defenses to the enforcement of a judgment?
- Lack of Jurisdiction
- Fraud
- Not on Merits
- Lacking Finality
What is required for a court to refuse to enforce a judgment based on jurisdiction?
- The other court lacked valid jurisdiction
- The party challenging the judgment did not litigate the jurisdictional issue.
True or False: A court must enforce a judgment procured by fraud.
False
Fill in the blank: A court is NOT required to enforce a judgment if it was not entered on the _______.
[merits]
What jurisdiction governs the disposition of a decedent’s real property?
The law of the jurisdiction where the real property is located.
What is the general treatment of statute of limitations issues in choice of law?
Most jurisdictions treat them as procedural.
