Conflict of Laws

Question 1

How is domicile established by choice?

Answer 1

(1) physical presence

(2) intent to remain

Question 2

When is domicile by law triggered?

Answer 2

(1) minor children

(2) incompetent

Question 3

What is the domicile of a minor child?

Answer 3

Domicile of their parents, unless emancipated. If conflict between parents, follow the father.

Question 4

What age is a minor child for purposes of domicile?

Answer 4

18yo or younger

Question 5

When a person has a domicile and becomes incompetent, what is there domicile?

Answer 5

Last established domicile remains effective

Question 6

Where is a corporation domiciled?

Answer 6

state of incorporation

Question 7

Who has the burden of proving a change in domicile?

Answer 7

The party that asserts the change.

Question 8

What are the three places where choice of law is determined?

Answer 8

(1) state choice-of-law statutes
(2) contractual choice of parties
(3) state common law

Question 9

What is the “most significant relationship test”?

Answer 9

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?

Question 10

When does NY use the “most significant relationship test”?

Answer 10

in contract disputes, when no enforceable choice of law clause.

Question 11

What is the “governmental interest” approach?

Answer 11

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.

Question 12

When does NY use the governmental interest approach?

Answer 12

Property, tort, and inheritance law.

Question 13

If a state has jurisdiction but no interest in deciding a case, can the state dismiss?

Answer 13

Yes. Use forum non-conveniens.

Question 14

What two factors do NY courts focus on in tort cases?

Answer 14

(1) contacts (domicile of parties + location of tort)

2) purpose (regulate conduct vs. allocate loss

Question 15

What do NY courts do with tort laws designed to regulate conduct?

Answer 15

Apply the law of the state where the tort occured.

Question 16

What do NY courts do with tort laws designed to allocate loss?

Answer 16

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

Question 17

What is the “special circumstance exception” to the Neumeier split-domicile rule?

Answer 17

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.

Question 18

What is the law of the situs?

Answer 18

Law of the place where a thing resides or event occurs.

Question 19

When do NY courts use law of the situs? (4 things)

Answer 19

(1) real property
(2) tangible personal property
(3) intestate succession
(4) succession to real property by will

Question 20

What law is used to determine whether a person died intestate or testate?

Answer 20

Depends on the kind of property:

(1) Personal property = law of decedent’s domicile
(2) real property = law of the situs

Question 21

Can a testator choose what law applies to his will?

Answer 21

Yes. So long as that choice is otherwise valid.

Question 22

What law controls the existence of a marriage?

Answer 22

Law from the place of marriage. If marriage is valid in the place where it occurred, NY will recognize it.

Question 23

What marriages will NY never recognize for public policy reasons? (three kinds)

Answer 23

(1) incest
(2) bigamy
(3) marriage to a minor

Question 24

What law applies to a divorce proceeding?

Answer 24

NY applies law of the π’s domicile

Question 25

What law applies to a legitimacy proceeding?

Answer 25

NY applies law of the parent whose relationship is in question.

Question 26

What law applies to adoption proceedings?

Answer 26

NY applies NY law.

Question 27

What law applies in worker’s compensation cases?

Answer 27

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.

Question 28

What might count as a “legitimate interest” for worker’s compensation cases?

Answer 28

(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

Question 29

Will NY ever apply another state’s worker’s compensation law?

Answer 29

No. If NY decides that NY law does not apply, case is dismissed.

Question 30

When applying foreign law, do NY courts defer to foreign law for all aspects of a proceeding?

Answer 30

No. Apply NY procedural law; foreign substantive law.

Question 31

What seven kinds of ancillary law are considered substantive, despite their procedural flavor?

Answer 31

(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

Question 32

When might NY courts refuse to apply a foreign state’s substantive law?

Answer 32

If it is “repugnant” as a matter of public policy.

Question 33

Does NY ever apply the penal laws of another state?

Answer 33

No. Never in criminal prosecutions.

Question 34

What are the limits of NY’s choice of law statute?

Answer 34

(1) constitutional limits (Due process + full faith and credit)
(2) statutory limits (any requiring exclusive jurisdiction)
(3) party’s contractual choices

Question 35

What is the Due Process limit on NY’s choice of law statutes?

Answer 35

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)

Question 36

When will NY not honor the parties’ contractual choice of law?

Answer 36

(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

Question 37

What is the Erie doctrine?

Answer 37

In diversity cases, federal courts apply federal procedural law and state substantive law to state-law claims.

Question 38

Does a federal court sitting in diversity always follow the substantive law of the state where it is located?

Answer 38

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.

Question 39

What three requirements are needed to give full faith and credit to a foreign judgment?

Answer 39

(1) valid jurisdiction
(2) finality
(3) on the merits

Question 40

What happens if there are inconsistent state judgments on an issue?

Answer 40

NY will recognize the judgment most recently rendered.

Question 41

When can NY otherwise refuse to recognize a foreign judgment if all other requirements are met.

Answer 41

In cases of “extrinsic fraud” = lie that affects the proceeding but occurs outside it.

Question 42

What is the “Uniform Foreign Money Judgments Recognition Act”?

Answer 42

Treaty that requires recognition of certain foreign judgments.

Question 43

What foreign-country judgments are not recognized despite the Uniform Foreign Money Judgments Recognition Act? (4 kinds)

Answer 43

Judgments involving:

(1) Taxes
(2) Alimony
(3) child support
(4) penal damages

Question 44

If the Uniform Foreign Money Judgments Recognition Act doesn’t apply, when can a NY court recognize a foreign-country judgment?

Answer 44

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

Question 45

What factors do courts dealing with contract claims for insurance consider?

Answer 45

(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.

Question 46

What relevant contacts does a court consider in the “most significant relationship” / “grouping of contracts” approach to a contract claim?

Answer 46

(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

Question 47

What is NY’s special law regarding automobile insurance policies?

Answer 47

The state where the policy was issued governs

Question 48

What law generally governs real property?

Answer 48

State where the property is situated

Question 49

What law generally governs personal, tangible property?

Answer 49

State where the property is physically located

Question 50

What law generally governs personal, intangible property?

Answer 50

Place where the transfer is made. (If security interest under Art 9, place where debtor is located.)

Question 51

What is the prohibitory rule in marriage?

Answer 51

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.

Question 52

When does the borrowing statute in NY apply to a SoL question?

Answer 52

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)