Conflict of Laws Flashcards
How is domicile established by choice?
(1) physical presence
(2) intent to remain
When is domicile by law triggered?
(1) minor children
(2) incompetent
What is the domicile of a minor child?
Domicile of their parents, unless emancipated. If conflict between parents, follow the father.
What age is a minor child for purposes of domicile?
18yo or younger
When a person has a domicile and becomes incompetent, what is there domicile?
Last established domicile remains effective
Where is a corporation domiciled?
state of incorporation
Who has the burden of proving a change in domicile?
The party that asserts the change.
What are the three places where choice of law is determined?
(1) state choice-of-law statutes
(2) contractual choice of parties
(3) state common law
What is the “most significant relationship test”?
Court determines which state law applies by reference to the state with the most significant relationship to the issue. Ask three questions:
(1) what is the issue in controversy (tort, contract, etc.)
(2) What policies do the relevant state laws serve?
(3) What state’s interest is most significant given those policies?
When does NY use the “most significant relationship test”?
in contract disputes, when no enforceable choice of law clause.
What is the “governmental interest” approach?
Court determines what law applies by reference to the interest of a state in resolving a particular dispute. Presumption that the forum state will apply its own law, unless another state’s interest trump it.
When does NY use the governmental interest approach?
Property, tort, and inheritance law.
If a state has jurisdiction but no interest in deciding a case, can the state dismiss?
Yes. Use forum non-conveniens.
What two factors do NY courts focus on in tort cases?
(1) contacts (domicile of parties + location of tort)
2) purpose (regulate conduct vs. allocate loss
What do NY courts do with tort laws designed to regulate conduct?
Apply the law of the state where the tort occured.
What do NY courts do with tort laws designed to allocate loss?
Apply the Neumeier rules:
(1) same-domicile rule = if parties have the same domicile, apply law from that domicile
(2) split-domicile rule = if parties have different domiciles, apply the law of the place where the tort occured
What is the “special circumstance exception” to the Neumeier split-domicile rule?
NY courts will apply law other than the law in the place of the tort if it advances public policy without (1) impairing the working of the multi-state system or (2) creating great uncertainty for litigants.
What is the law of the situs?
Law of the place where a thing resides or event occurs.
When do NY courts use law of the situs? (4 things)
(1) real property
(2) tangible personal property
(3) intestate succession
(4) succession to real property by will
What law is used to determine whether a person died intestate or testate?
Depends on the kind of property:
(1) Personal property = law of decedent’s domicile
(2) real property = law of the situs
Can a testator choose what law applies to his will?
Yes. So long as that choice is otherwise valid.
What law controls the existence of a marriage?
Law from the place of marriage. If marriage is valid in the place where it occurred, NY will recognize it.
What marriages will NY never recognize for public policy reasons? (three kinds)
(1) incest
(2) bigamy
(3) marriage to a minor
What law applies to a divorce proceeding?
NY applies law of the π’s domicile
What law applies to a legitimacy proceeding?
NY applies law of the parent whose relationship is in question.
What law applies to adoption proceedings?
NY applies NY law.
What law applies in worker’s compensation cases?
Generally, the law where employment takes place. But SCOTUS held that any state with a “legitimate interest” in an injury or its consequences may apply its own worker’s compensation law.
What might count as a “legitimate interest” for worker’s compensation cases?
(1) place where employment was entered
(2) place where injury occurred
(3) place where principle employment relationship took place
(4) place where employee or his dependents reside
Will NY ever apply another state’s worker’s compensation law?
No. If NY decides that NY law does not apply, case is dismissed.
When applying foreign law, do NY courts defer to foreign law for all aspects of a proceeding?
No. Apply NY procedural law; foreign substantive law.
What seven kinds of ancillary law are considered substantive, despite their procedural flavor?
(1) burdens of proof
(2) statutes of limitation (apply borrowing statute)
(3) statutes of repose
(4) statute of frauds
(5) damages
(6) Parol evidence rule
(7) privileges
When might NY courts refuse to apply a foreign state’s substantive law?
If it is “repugnant” as a matter of public policy.
Does NY ever apply the penal laws of another state?
No. Never in criminal prosecutions.
What are the limits of NY’s choice of law statute?
(1) constitutional limits (Due process + full faith and credit)
(2) statutory limits (any requiring exclusive jurisdiction)
(3) party’s contractual choices
What is the Due Process limit on NY’s choice of law statutes?
Requires that a state have “significant contacts with a dispute before it can apply its law. (not enough that the action was brought in NY or if the person once lived in NY)
When will NY not honor the parties’ contractual choice of law?
(1) contract is invalid
(2) choice of law clause is inapplicable to this dispute
(3) choice is unrelated to the lawsuit
(4) choice of law violates public policy
What is the Erie doctrine?
In diversity cases, federal courts apply federal procedural law and state substantive law to state-law claims.
Does a federal court sitting in diversity always follow the substantive law of the state where it is located?
No. Federal courts use the state’s choice of law statute to determine what substantive law to apply. Try to act as surrogate state courts.
What three requirements are needed to give full faith and credit to a foreign judgment?
(1) valid jurisdiction
(2) finality
(3) on the merits
What happens if there are inconsistent state judgments on an issue?
NY will recognize the judgment most recently rendered.
When can NY otherwise refuse to recognize a foreign judgment if all other requirements are met.
In cases of “extrinsic fraud” = lie that affects the proceeding but occurs outside it.
What is the “Uniform Foreign Money Judgments Recognition Act”?
Treaty that requires recognition of certain foreign judgments.
What foreign-country judgments are not recognized despite the Uniform Foreign Money Judgments Recognition Act? (4 kinds)
Judgments involving:
(1) Taxes
(2) Alimony
(3) child support
(4) penal damages
If the Uniform Foreign Money Judgments Recognition Act doesn’t apply, when can a NY court recognize a foreign-country judgment?
If discretion and comity suggest it should. Consider same factors as for deciding if any foreign judgment is valid:
(1) jurisdiction
(2) fair procedures
(3) finality
(4) on the merits
What factors do courts dealing with contract claims for insurance consider?
(1) location of the insured risk
(2) the insured’s principal place of business
(3) location of the broker or agent placing the policy
(4) where the policy was issued / delivered
(5) where the premiums are paid
When the insured’s interests cover a wide geographical range, NY courts will apply the state where the policy was executed OR the insured’s principal place of business.
What relevant contacts does a court consider in the “most significant relationship” / “grouping of contracts” approach to a contract claim?
(1) place of contracting
(2) place of negotiation
(3) place of performance
(4) place where contract subject matter is located, AND
(5) party’s domiciles
What is NY’s special law regarding automobile insurance policies?
The state where the policy was issued governs
What law generally governs real property?
State where the property is situated
What law generally governs personal, tangible property?
State where the property is physically located
What law generally governs personal, intangible property?
Place where the transfer is made. (If security interest under Art 9, place where debtor is located.)
What is the prohibitory rule in marriage?
If a marriage is valid in the state where it took place but invalid in one of the party’s domiciles AND the parties return to that domicile immediately after marriage, the marriage is void as against public policy.
When does the borrowing statute in NY apply to a SoL question?
Only when the cause of action accrues outside of NY. If the outside cause-of-action accrues in favor of a NY resident, the NY SoL applies. (Residence, not domicile)
