Conflict of Laws - Black Letter Law Flashcards
Which of the following is true?
A. The Constitution requires federal courts, but not state courts, to recognize and enforce foreign judgments.
B. Federal courts will only recognize foreign judgments from countries willing to recognize judgments against foreign nationals in U.S. courts.
C. U.S. courts will generally recognize a foreign judgment if it was rendered in a full and fair trial, with proper jurisdiction and reasonable notice.
D. U.S. courts will generally recognize a foreign judgment only if the foreign country will enforce American judgments.
C. U.S. courts will generally recognize a foreign judgment if it was rendered in a full and fair trial, with proper jurisdiction and reasonable notice.
American courts generally enforce valid judgments of foreign countries as long as (i) the court that rendered the judgment had proper jurisdiction, (ii) the defendant received reasonable notice and an opportunity to appear in the proceeding, and (iii) the judgment was rendered on the basis of a full and fair trial. The Constitution does not require state or federal courts to recognize and enforce the judgments of foreign countries. A minority of states will enforce a judgment of a foreign country only if that country will enforce American judgments. Most states no longer require such reciprocity.
How may a litigant enforce a judgment when the debtor has insufficient property in the rendering jurisdiction?
A. A judgment may only be enforced in the jurisdiction where it was rendered, and the prevailing party has no recourse if the debtor has insufficient property.
B. The prevailing litigant’s judgment is portable and automatically enforceable on the papers in any jurisdiction in which the judgment creditor has property.
C. The prevailing litigant must petition the original court to request removal of enforcement proceedings to the forum where the debtor has sufficient property to satisfy the judgment.
D. The prevailing litigant must take the judgment to the court of a state or country where the debtor does have property and ask that court to enforce the judgment.
D. The prevailing litigant must take the judgment to the court of a state or country where the debtor does have property and ask that court to enforce the judgment.
When a judgment has been obtained against a defendant in a state or country in which enforcement is impossible (e.g., because the judgment debtor has insufficient property in that jurisdiction to satisfy the judgment), the prevailing party must take the judgment to the court of a state or country where the judgment debtor does have property and ask that court to enforce the judgment.
Which of the following rules would allow a domiciliary state to void a marriage validly entered into in another state?
A. A prohibition of interracial marriage.
B. A rule requiring parental consent.
C. A rule against incest.
D. A rule requiring certification of a blood test.
C. A rule against incest.
If a marriage is valid at the place of celebration but violates a prohibitory rule of the domicile of one of the parties, it will be held void by the domiciliary state if the parties immediately return to and become domiciled in that state. Prohibitory rules are those rules that express a strong public policy of the state, e.g., rules against incest, polygamy, and marriage under a minimum age. Note that a prohibition of interracial marriage is unconstitutional. Directory rules are those rules that are more administrative, such as rules requiring a marriage license, parental consent, or a certification of a blood test. Violation of directory rules will not void a marriage that is valid where celebrated.
Each of the following will be governed by the law of the place where the real property is situated upon transfer of the property on intestacy or under a will, EXCEPT:
A. The rights of nonmarital or adopted children to inherit land.
B. Questions relating to possible escheat of the land.
C. The rights of a surviving spouse in the personal property contained on the land.
D. The formal validity of a will conveying real property.
C. The rights of a surviving spouse in the personal property contained on the land.
The rights of a surviving spouse in personal property are governed by the law of the decedent’s domicile at the time of death. Transfer of real property on intestacy or under a will is governed by the law of the place where the land is situated. Issues that will be governed by the law of the situs include the following: (i) the formal validity of the will conveying real property, the capacity of the testator, the revocation of the will, and the nature of the interest conveyed in the will; (ii) the rights of nonmarital or adopted children to inherit the land; (iii) the marital rights of a surviving spouse in the land; and (iv) questions relating to possible escheat of the land.
Which of the following is NOT a reason a court will disregard an express choice of law provision?
A. The issue is one the parties could have resolved by an express contractual provision.
B. There is no reasonable basis for the parties’ choice.
C. The chosen state bears no substantial relationship to the parties or transaction.
D. The law chosen by the parties is contrary to a fundamental policy of a state that has a materially greater interest in the issue than the chosen state.
A. The issue is one the parties could have resolved by an express contractual provision.
An express choice of governing law in a contract (i.e., a choice of law clause) will be followed if the issue is one the parties could have resolved by an express contractual provision directed to that issue. Even if the issue is one that the parties could not have resolved by an express contractual provision, the parties’ choice of law will still be followed unless: (i) there is no reasonable basis for the parties’ choice because the chosen state bears no substantial relationship to the parties or transaction, or (ii) the law chosen by the parties would be contrary to a fundamental policy of a state that has a materially greater interest in the issue than the state chosen by the parties.
Michigan courts will NOT consider applying another state’s or country’s law to tort cases conducted in a Michigan forum when:
A. Michigan has an interest in the case.
B. A foreign state would not apply its own law to the case.
C. The application of the foreign law would not further the policies underlying the law.
D. They do not identify a rational reason to apply the law of another state or country.
D. They do not identify a rational reason to apply the law of another state or country.
In tort cases, Michigan courts will apply Michigan law unless a “rational reason” exists to apply the law of another state or country. In determining whether a rational reason to displace Michigan law exists, courts must undertake a two-step analysis involving: (i) the identification of any foreign interest, and (ii) the balancing of the interests of Michigan and of the foreign state.
Under the lex fori approach, which law is primarily applicable?
A. The law of another state.
B. The law of the forum.
C. The procedural laws of another state; the substantive law of the forum.
D. The procedural laws of the forum; the substantive law of another state.
B. The law of the forum.
Under the lex fori approach, the law of the forum is the law primarily applicable. Courts using this approach will apply the law of another state only if the issue involves one of a number of generally recognized exceptions to the lex fori principle.
As part of its choice of law analysis, a court will use each of the following factors to determine the state with the “most significant relationship” EXCEPT:
A. The certainty, predictability, and uniformity of result.
B. The needs of the interstate and international judicial system.
C. The relevant policies and interests of the forum.
D. The need to discourage forum shopping.
D. The need to discourage forum shopping.
Under the Second Restatement approach, the court should apply the law of the state that has the most significant relationship to the occurrence (tort) or transaction (contract) and the parties. The court will use several factors to determine the state with the “most significant relationship,” including: (i) the needs of the interstate and international judicial systems, (ii) the relevant policies and interests of the forum, (iii) the relevant policies of other interested states and the relative interests of those states in the determination of the particular issues, (iv) the protection of justified expectations, (v) the basic policies underlying the particular field of law, (vi) certainty, predictability, and uniformity of result, and (vii) ease in the determination and application of the law to be applied. These factors are not set forth in any order of priority; courts are therefore left with considerable discretion in determining their relative importance with respect to a particular issue.
When can a state’s laws be applied constitutionally to a case?
A. When the state’s laws are supported by substantial factual contacts with the case.
B. When the state has minimum contacts with the case such that the use of its law would be fair and reasonable.
C. When the state’s laws do not violate a public policy of the forum state.
D. When a state has a significant contact or significant aggregation of contacts, creating state interests, such that choice of its law is neither arbitrary nor fundamentally unfair.
D. When a state has a significant contact or significant aggregation of contacts, creating state interests, such that choice of its law is neither arbitrary nor fundamentally unfair.
A state’s law can be applied constitutionally to a case so long as a state has a significant contact or significant aggregation of contacts, creating state interests, such that choice of its law is neither arbitrary nor fundamentally unfair.
When must a court decide which state’s laws apply to a case?
A. When parties to a dispute are from the same state and the case involves activities that occurred in that state.
B. When a Michigan federal district court hears a case first tried in a Michigan state court involving activities that took place in Michigan.
C. When a Michigan court hears a case in which activities occurred in more than one state.
D. The court analyzes the choice of law in every case.
C. When a Michigan court hears a case in which activities occurred in more than one state.
A Michigan court determines which state’s law applies whenever it hears a case in which activities occurred in more than one state or when the parties are from more than one state.
Which of the following most accurately defines domicile?
A. Domicile is that place where a person has his true, fixed, and permanent home.
B. Domicile is that place where a person intends to reside.
C. Domicile is that place where a person pays local, state, and federal taxes.
D. Domicile is that place for which a person has acquired legal title.
A. Domicile is that place where a person has his true, fixed, and permanent home.
Domicile is that place where a person has his true, fixed, and permanent home. The intention to make a place one’s home helps establish domicile. For a place to become a person’s domicile of choice, the person must be physically present in the place and intend to make the place his home indefinitely. The payment of taxes or obtaining title to property are factors in determining the place of domicile, but neither is sufficient on its own to determine domicile.
Conflict of laws concerns issues that arise from a dispute having contact with more than one ____________________ or ____________________.
A. Sovereign; jurisdiction.
B. Country; state court.
C. State; federal court.
D. Country; federal court.
A. Sovereign; jurisdiction.
Conflict of laws concerns issues that arise from a dispute having contact with more than one sovereign or jurisdiction. Examples of the kinds of contact from which a conflict of laws issue might arise include two countries, two states, or a state and the federal government.
