CONFLICT OF LAWS Flashcards
Domicile
Domicile is a person’s true, fixed, and permanent home to which that person intends to return and remain even he may reside elsewhere for a time.
Reinvoi Doctrine
The Reinvoi Doctrine states that the forum should apply both the internal law of the state of reference and its conflicts rules. Most states reject it, e.g. A applies B law but B law says “Apply A law” then it is called Remission, if B law says “Apply C law” then it is called Transmission.
Depacage
Depacage is a court’s application of different state law to different issues in a legal dispute; choice of law on an issue by issue basis
Choice of Law Approaches
(1) Vested Rights Approach.
(2) Governmental Interest Approach.
(3) Most Significant Relationship Approach.
Vested Right Approach
Under the traditional vested right approach, the law that applies is the law of the state where the litigant has a vested right. (e.g. the law of the state where a significant event occurred)
Determining Where the Litigant’s Vested Right is Vested.
(1) The type of law (e.g. Torts, Contracts, Real Property, etc.)
(2) Choice of law for the particular type of law (Real Property-location controls, Contract-maybe the place of performance, Torts- the place of injury)
(3) The significant rule that applies to the given facts (e.g. location of significant property, significant event)
Governmental Interest Approach (GIA)
It asks “which state has greatest interest in the outcome of the case”
Better Rule under GIA
Consider the following “choice-influencing factors” (1) Predictability of result, (2) Maintenance of interstate order (3) Simplification of judicial task (4) advancement of the forum’s governmental interest and (5) Application of the better rule of law.
Most Significant Relation Approach (MSRA)
This approach seeks to identify which state has the most significant relationship to the conflict-related issue and applies that state’s law.
General Policy Considerations of under MSRA
(1) The relevant policies of the forum state.
(2) The relevant policies of other interested states.
(3) The needs of the interested system.
(4) The protection of justified expectations.
(5) The basic policies underlying the particular field of law.
(6) Certainty, predictability, and uniformity of result.
(7) The ease of the determination and application of the law to be applied.
Full Faith and Credit Clause
Under Article IV, Section 1, “Full faith and credit shall be given in each state to public acts, records, and judicial proceedings of every other state”
Due Process
When a forum court applies another state’s laws, due process is satisfied of the other state has a significant contact or aggregation of contacts to the litigated matter.
Erie Doctrine
Federal court choice of law between the federal and state law. As a general rule, a federal court will apply federal procedural law and substantive law and the conflict law rules of the state in which the court is siting. However, federal court may apply state procedural law if federal procedure conflicts whit the state’s civil procedural and the federal rule would impact the outcome of the case.
