Conflicts

Question 1

what is vested rights approach

Answer 1

forum applies law of the place in which the rights of the parties vest. it is settled according to relevant substantive area of law.

Question 2

where do rights vest under k

Answer 2

formation = place of contracting
performance = place of performance

Question 3

where do rights vest under torts

Answer 3

where injury occurred

Question 4

where do rights vest under property

Answer 4

real property = place of situs
personal property =
if inter vivos -> situs at time of transfer
if inheritance -> dependents domicile at date of death

Question 5

where do rights vest in family law

Answer 5

forum will apply its own divorce law

if legitimacy related, where the claimant lives

Question 6

what is most significant relationship test

Answer 6

law of the state which is most significantly related to the outcome using facts and policy principles

Question 7

what facts are relevant under most significant relationship test in torts

Answer 7

place of injury, conduct causing injury, where parties are home, relationship

Question 8

what facts are relevant under most significant relationship test in k

Answer 8

place of contracting, place of negotiation, place of performance, place where parties are at home

Question 9

what policies are relevant under most significant relationship test in k

Answer 9

policies of the states, reasonable expectation of parties, is forum state interested?

Question 10

what policies are relevant under most significant relationship test in tort

Answer 10

policies of the states, is forum state interested?

Question 11

what is interest analysis

Answer 11

consider which states have a legitimate interest in the outcome. apply its own law if legitimate interest, if not, will apply law of another state

note: identify if false/true conflict

Question 12

what is the torts exception for loss distribution

Answer 12

if issue is loss distribution + parties share common domicile; domicile will win

Question 13

what are the defenses to choice of law

Answer 13

1. against fundamental public policy
2. forum court will apply its own procedural rules

Question 14

is statute of limitations procedural or substantive for COL? exceptions?

Answer 14

procedural, so will apply its own rules

exception 1. borrowing statute will make court compare SOL and choose shorter one
exception 2. if COL leads to application of statute that creates substantive right, SOL will follow it

Question 15

how does domicile by choice work

Answer 15

physical presence + intent to remain indefinitely

note. if don’t make it, former domicile applies

Question 16

domicile by operation of law rules

Answer 16

newborns get domicile of parents

when divorced, child get domicile of custodial parent

mentally incompetent assigned domicile of parents or their chosen domicile pre-incompetency

Question 17

if rendering jx is sister state, when will suit be recognized?

Answer 17

if full faith and credit satisfied:
1. rendering state had proper PJ and SMJ
2. judgment on the merits
3. final judgment

Question 18

are defaults judgment on the merits

Answer 18

yes

Question 19

what are valid defenses to rendering state decrees in col

Answer 19

penal judgments

extrinsic fraud

note. public policy and mistake irrelevant

Question 20

if rendering jx is foreign country, when will suit be recognized?

Answer 20

comity - discretion based on whether there was proper jx and procedures were fair

Question 21

when do Ps and Ds seek enforcement in rendering judgments

Answer 21

b. Ps will seek recognition to enforce in the rendering judgment; D will seek recognition for preclusion