CONFLICT OF LAWS (F)

Question 1

Domicile

Answer 1

state where an individual tends to permanently reside

For an independent person requires:

1. Person’s physical presence in a state and
2. Person’s intent to remain their indefinitely

Can only have one domicile at a time

Minors have domicile of parents

Married couple can have different domicile

Question 2

Vested Rights Approach

Answer 2

First Restatement COL theory

Forum state must apply the law of the state in which the rights of the parties vest-i.e., where the act or relationship giving rise to the cause of action occurred or was created

STEPS:

1. Characterize the cause of action
2. Apply appropriate choice of law rule depending on the type of action

Outcomes of these steps:
Lex loci delecti - Law of the place of wrong or injury
Lex loci contractus - Law of the place of contracting
Lex loci situs - Law of the place where property is located.

Question 3

Most Significant Relationship Approach (Tort, Contracts, Property, Family Law)

Answer 3

Second Restatement COL Theory

Forum state must look to all the circumstances surrounding a cause of action in order to determine which state has the most significant relationship to each issue raised

Factors:

1. Needs of interstate and international systems
2. Relevant policies and relative interests of hte forum state and other interested states
3. The justified expectations of the parties
4. Judicial Economy

SPECIFIC AREAS:
CONTRACTS Factors:
1. where parties made K
2. where parties negotiated K
3. where performance was to occur
4. location of subject matter
5. parties are domiciled, conduct business, Incorporated

FOR UCC:
Parties can stipulate the state to apply (unless has no relation to transaction) but if no stipulation then the UCC if state that bears an appropriate relation

PROPERTY:
Corporation Internal Affairs - State of incorporation
Corporation External Affairs - Use choice of law approach of forum and the specicied cause of action involved

FAMILY:
Validity of Marriage - Law where the ceremony took place
Divorce - Law of the forum state

Question 4

Depecage

Answer 4

Applying the law of different states to decide different issues

Question 5

Lex Loci Delicti

Answer 5

Tort claims follow the law of the state in which they occured

Question 6

Dram Shop Act

Answer 6

Imposes liability on tavern keepers for injuries caused by intoxicated persons.

Use the substantive law of the state in which the tavern was located unless the tavern advertised to out of state drivers and could anticipate their driving home after drinkin

Question 7

Forum Non Conveniens

Answer 7

Doctrine that establishes that a state will not exercise jurisdiction where it is a significantly inconvenient forum for this action

Question 8

The Full Faith and Credit Clause

Answer 8

Precludes a state from discriminating against claims arising under the law of another state.

If a state allows a substantive claim (ie wrongful death) under its own law, the nit cannot bar a sister state’s law.

Question 9

Areas within “Conflict of Laws”

Answer 9

1. Choice of Law
2. Recognition and enforcement of judgments
3. Choice of forum

Question 10

How to prove new domicile?

Answer 10

1. Change in residence to new state

2. Intent to make their new state their permanent residence

Question 11

Factors relevant to showing intent to reside in a specific state

Answer 11

1. Owning real estate
2. Voting
3. Paying taxes to the state or town
4. Having a bank account
5. Registering an automobile in the state

Question 12

Procedural Rule VS. Substantive Rule

What rule type do these topics fall under:

1. Statute of Limitations
2. Rules of Evidence
3. Burdens of Proof
4. Presumptions
5. Parol Evidence Rule
6. Statute of Frauds

Answer 12

PROCEDURAL - Govern rights inside the court
SUBSTANTIVE - Govern rights and obligations outside the court

1. SOL - Generally PROCEDURAL. Wrongful death that provides fixed time is substantive
2. Evidentary Rules - Generally PROCEDURAL. If the rule is outcome determinative however, the rule is substantive
3. Burdens - PROCEDURAL
4. Presumptions - Rebuttal presumption are PROCEDURAL. Conclusive or mandatory presumptions are SUBSTANTIVE
5. PER - SUBSTANTIVE
6. SOF - SUBSTANTIVE

Question 13

Choice of Law Rules/Approaches

Answer 13

1. First Restatement’s “Vested Rights” (TRADITIONAL)
2. Second Restatement’s “Most Significant Relationship” (MODERN)
3. “Interest Analysis” (MODERN-ALTERNATIVE)

Question 14

The “Interest Analysis” approach

Answer 14

For any issue in a case the forum court should apply the law of the state most interested in its outcome

Default rule for this is the law for the forum state unless the forum state has no legitimate interest in how a particular issue is resolved

Question 15

Choice-of-Law Limitations

Answer 15

Limitations will be made on choice of law approaches that violate:

1. 14th Amendment’s Due Process clause
2. Offends or is inconsistent with public policy of forum state
3. Penal or Revenue laws of another state

Question 16

Sister State Judgments

Answer 16

The Article 4 full faith and credit clause requires the recognition and enforcement of judgements by sister states so long as it was a final judgement on the merits

Question 17

Judgments of a Foreign Country

Answer 17

Court will enforce a foreign judgement if those court proceedings met procedural fairness