Conflicts

Question 1

Individual domicile (choice)

Answer 1

1. Presence
2. Intent to remain
   - compulsion
   - evidence of all sort

Question 2

Individual domicile (operation of law)

Answer 2

1. Minor children

2. Those deemed incompetent

Question 3

Minor children

Answer 3

1. Parents

2. Father’s if choice

Question 4

Incompetent domicile

Answer 4

1. Always incompetent –> parent’s

2. Once competent –> prior choice

Question 5

Corporate domicile

Answer 5

State of incorporation

Question 6

Most Significant Relationship (MSR) Test

Answer 6

Which state has the most significant relationship to the issue in question?

Question 7

Three Qs of MSR

Answer 7

1. What is the exact issue in controversy?
2. What policies do the relevant state laws aim to serve?
3. What state’s interest is most significant given these policy concerns?

Question 8

MSR typically applied in which disputes

Answer 8

Contracts

BUT, first follow choice of law clause.

Question 9

Governmental Interest Approach (GIA)

Answer 9

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.

Question 10

Forum non conveniens

Answer 10

If a forum state has no interest whatsoever it may dismiss

Question 11

Torts and Neumeier

Answer 11

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

Question 12

• Real Property
• Tangible personal property
• Intestate succession to real property
• Succession to real property by will

Answer 12

Law of the situs

Question 13

Divorce

Answer 13

NY applies law of P’s domicile

Question 14

Pre-marital agreements

Answer 14

Like other Ks, the MSR test governs

Question 15

Pre-marital property

Answer 15

Real property: law of situs

Personal property: law of domicile

Question 16

Marital real property

Answer 16

Law of situs

Question 17

Legitimacy actions

Answer 17

Law of domicile of parent in question

Question 18

Adoption

Answer 18

NY law

Question 19

Worker’s compensation

Answer 19

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

Question 20

Defenses to application of foreign law

Answer 20

1. Procedural
2. Contrary to public policy (repugnant)
3. Penal in form/effect
   (actual criminal prosecutions)

Question 21

Procedural defense

Answer 21

1. Presumption that NY applies its procedural law
2. Foreign law is procedural in nature
3. Thus, NY should apply its law

Question 22

Procedural laws

Answer 22

• Proper forum
• Proper form of action
• Sufficiency of pleadings
• Cause splitting
• Joinder rules
• Counter-claim rules
• Venue
• Discovery
• Jury Trial
• Burdens of proof

Question 23

SOLs generally procedural in conflicts settings . . .

Answer 23

EXCEPT:

1. Restricts rights (not remedies)
2. Prescription/AP
3. Borrowing statutes

Question 24

NY borrowing statute

Answer 24

• Applies ONLY to c/a that accrues outside NY

- If foreign action accrues in favor of NY resident, NY law applies

Question 25

When choice of law clauses fail

Answer 25

1. K is invalid
2. Inapplicable to relevant dispute
3. Too unrelated to lawsuit
4. Runs afoul of public policy

Question 26

Full faith and credit reqs

Answer 26

1. Jx
2. Finality
3. Merits

Question 27

Defenses to FF&C

Answer 27

1. Penal laws (NY doesn’t enforce penal judgments)
2. Inconsistent judgments (follow latest)
3. Equity

Question 28

International judgments

Answer 28

guides by discretion and comity

Question 29

Divorce decrees

Answer 29

NY will recognize:

1. Jx to render decree
2. Valid in issuing state