Conflict of Laws

Question 1

To change domicile a person must?

Answer 1

Abandon previous domicile, establish a physical presence in new domicile, and show an intent for an indefinite time to stay

Question 2

A corporation is domiciled where?

Answer 2

In its state of incorporation

Question 3

What are the 3 approaches to choice of law?

Answer 3

Vested rights, governmental interest analysis, and most significant relationship

Question 4

What is the vested rights approach?

Answer 4

The law of the place where the legal right vested is applied, that is where the last act takes place necessary to give rise to the cause of action.

Question 5

What is the government interest analysis?

Answer 5

A law applies if it would promote the policies and purposes of the law. First determine if there is a false (only one state interested) or a true (both states are interested) conflict. If false, apply the law of the interested state, if true, then apply the law of the forum state.

Question 6

When is a state interested in applying conduct-regulating laws?

Answer 6

When the wrongful conduct is within their territory or when a state domiciliary is injured anywhere.

Question 7

When is a state interested in applying loss-shifting laws?

Answer 7

When doing so would benefit a state domiciliary.

Question 8

What is the most significant relationship test?

Answer 8

Apply the law of that state that has the most significant relationship, consider if application furthers the policies of the states, systemic interests such as predictability and simplicity, and whether justified expectations of the parties will be protected. If unclear which has a more significant interest, apply the law of the forum state.

Question 9

What is depecage?

Answer 9

When differest states laws apply to different issues in the case. Not allowed under vested rights, is allowed for the other approaches.

Question 10

What is renvoi?

Answer 10

When the court applies the entire law of another state including choice of law rules. This only applies to property rights in land.

Question 11

What law applies to tangible moveable property?

Answer 11

The choice of law int he contract OR the place where the property was located at the time of the transactions.

Question 12

What law applies to intangible property?

Answer 12

The law of the state where it was created.

Question 13

What law applies to immovable property at death?

Answer 13

The law of the situs.

Question 14

What law applies to moveable property at death?

Answer 14

The decedent’s domicile unless there is a choice of law provision in the will.

Question 15

Validity of a marriage is based on?

Answer 15

The law where the marriage was celebrated

Question 16

Movable marital property is governed by?

Answer 16

The law of the state where the couple was domiciled at the time the property was acquired.

Question 17

If community property is moved to a non-community property state what is it considered?

Answer 17

Still community property.

Question 18

Will a court enforce penal laws of another state?

Answer 18

No.

Question 19

When can a court refuse to enforce a foreign law?

Answer 19

If it violates a fundamental and strongly held public policy.

Question 20

Procedural issues are?

Answer 20

Always governed by forum law.

Question 21

Parol evidence rule is considered?

Answer 21

Substantive

Question 22

Privilege is considered?

Answer 22

Procedural.

Question 23

Damages are considered?

Answer 23

Substantive but caps are procedural.

Question 24

Statutes of limitation are considered?

Answer 24

Procedural unless inextricably bound up with a substantive right.

Question 25

Fed courts in diversity apply?

Answer 25

The substantive law of the state in which it sits and FRCP. Note, SoL are substantive for Erie purposes. A state law is substantive if it is outcome determinative. A federal court in diversity Must apply the choice of law rules of the state in which it sits (unless transferred from a proper venue).

Question 26

What is the last in time rule?

Answer 26

The later of two valid final judgments is entitled to full faith and credit.

Question 27

If a court has personal jx over one spouse, are its determinations over incidents of divorce entitled to full faith and credit?

Answer 27

No, only incidents of divorce determinations from bilateral divorces are entitled to full faith and credit

Question 28

In determining the enforceability of a premarital agreement, most states apply the law of

Answer 28

The state with the most significant relationship to the matter at hand.

Question 29

Under the UPAA, a premarital agreement is enforceable if (3 things and a bonus)

Answer 29

(i) there has been full disclosure, (ii) the agreement is fair and reasonable, and (iii) the agreement is voluntary. The agreement must be in writing and signed by the party to be charged.