Conflicts Flashcards
Individual domicile (choice)
- Presence
- Intent to remain
- compulsion
- evidence of all sort
Individual domicile (operation of law)
- Minor children
2. Those deemed incompetent
Minor children
- Parents
2. Father’s if choice
Incompetent domicile
- Always incompetent –> parent’s
2. Once competent –> prior choice
Corporate domicile
State of incorporation
Most Significant Relationship (MSR) Test
Which state has the most significant relationship to the issue in question?
Three Qs of MSR
- What is the exact issue in controversy?
- What policies do the relevant state laws aim to serve?
- What state’s interest is most significant given these policy concerns?
MSR typically applied in which disputes
Contracts
BUT, first follow choice of law clause.
Governmental Interest Approach (GIA)
Focuses on the interest of the state and its law in resolving a particular dispute.
- law of the situs
- place of the property
- domicile of the decedent
But, presumes a forum state will apply its own law unless a party can show another law makes better sense.
Forum non conveniens
If a forum state has no interest whatsoever it may dismiss
Torts and Neumeier
What is the purpose of the law?
- Regulation of conduct: location of tort
- Allocate loss:
i) Same domicile –> law of that domicile
ii) Split domicile –> location of tort . . . unless special circumstances dictate otherwise
- Real Property
- Tangible personal property
- Intestate succession to real property
- Succession to real property by will
Law of the situs
Divorce
NY applies law of P’s domicile
Pre-marital agreements
Like other Ks, the MSR test governs
Pre-marital property
Real property: law of situs
Personal property: law of domicile
Marital real property
Law of situs
Legitimacy actions
Law of domicile of parent in question
Adoption
NY law
Worker’s compensation
Injury occurred in NY?
- NY law
Injury outside NY? Depends on contacts
- Hiring in NY
- Payment by a NY employer
- Residence in NY
- Presence of NY worker’s comp insurance
If NY doesn’t apply its own law, DISMISS
Defenses to application of foreign law
- Procedural
- Contrary to public policy (repugnant)
- Penal in form/effect
(actual criminal prosecutions)
Procedural defense
- Presumption that NY applies its procedural law
- Foreign law is procedural in nature
- Thus, NY should apply its law
Procedural laws
- Proper forum
- Proper form of action
- Sufficiency of pleadings
- Cause splitting
- Joinder rules
- Counter-claim rules
- Venue
- Discovery
- Jury Trial
- Burdens of proof
SOLs generally procedural in conflicts settings . . .
EXCEPT:
- Restricts rights (not remedies)
- Prescription/AP
- Borrowing statutes
NY borrowing statute
- Applies ONLY to c/a that accrues outside NY
- If foreign action accrues in favor of NY resident, NY law applies
When choice of law clauses fail
- K is invalid
- Inapplicable to relevant dispute
- Too unrelated to lawsuit
- Runs afoul of public policy
Full faith and credit reqs
- Jx
- Finality
- Merits
Defenses to FF&C
- Penal laws (NY doesn’t enforce penal judgments)
- Inconsistent judgments (follow latest)
- Equity
International judgments
guides by discretion and comity
Divorce decrees
NY will recognize:
- Jx to render decree
- Valid in issuing state
