Conflict of laws Flashcards
What is the first key principle regarding Conflict of Laws?
Conflict of Laws issues are embedded in other MEE subject areas.
Which subjects are commonly tested alongside Conflict of Laws?
- Family Law
- Civil Procedure
- Decedents’ Estates
What does ‘full faith and credit’ entail?
A state must recognize final judgments of other states if the judgment is on the merits and the other state had jurisdiction.
What is the rule regarding the recognition of marriage in Conflict of Laws?
A marriage valid under the law of the state where it was contracted is valid elsewhere unless it violates strong public policy.
What may violate public policy in marriage recognition?
- Incest
- Polygamy
What does not violate public policy in marriage recognition?
- Blood test requirements
- Marriage license requirements
- Recognition of common law marriage
What is the jurisdiction requirement for divorce versus property division?
Personal jurisdiction over both spouses is not necessary for a divorce decree, but it is necessary for property division and support orders.
What must be recognized by other states regarding divorce decrees?
A divorce decree must be granted full faith and credit if the court had jurisdiction to enter it.
What governs the law of premarital agreements?
Some states apply the law of the state where the contract was executed, while others apply the law of the state with the most significant relationship.
What is the Klaxon doctrine?
A federal district court in diversity cases must apply the choice of law approach of the state in which it sits.
What happens when a case is transferred to a more appropriate forum?
The new court must apply the laws that the original transferor court would have applied.
What is the general rule regarding statutes of limitations in Conflict of Laws?
A court will apply its own procedural laws, including its own statute of limitations.
What is an exception to the statute of limitations rule?
- Borrowing statute
- Characterization
- Interest analysis
What is the effect of a choice of law clause in a contract?
Generally, the law specified by the parties will apply unless certain exceptions exist.
What governs the existence and internal matters of a corporation?
The law of the state of incorporation.
How is a specific tort claim analyzed under Conflict of Laws?
Using the ‘most significant relationship’ approach.
What are the four factors to determine the most significant relationship for a tort claim?
- Place where the injury occurred
- Place where the conduct causing the injury occurred
- Domicile, residence, nationality, place of incorporation, and place of business of the parties
- Place where the relationship between the parties is centered
What law does a court generally use for real property disputes?
The law of the situs for land.
where the land sits
How is the validity of a will determined at common law?
Under the law of the state where the testator was domiciled at the time of death.
What governs the postmortem distribution of personal property?
The law of the state where the decedent was domiciled at the time of death.
What governs the postmortem distribution of real property?
The law of the situs where the property is located.
What determines a child’s entitlement to inherit?
The law of the intestate’s domicile at the time of death.
