Conflicts Flashcards
what is vested rights approach
forum applies law of the place in which the rights of the parties vest. it is settled according to relevant substantive area of law.
where do rights vest under k
formation = place of contracting
performance = place of performance
where do rights vest under torts
where injury occurred
where do rights vest under property
real property = place of situs
personal property =
if inter vivos -> situs at time of transfer
if inheritance -> dependents domicile at date of death
where do rights vest in family law
forum will apply its own divorce law
if legitimacy related, where the claimant lives
what is most significant relationship test
law of the state which is most significantly related to the outcome using facts and policy principles
what facts are relevant under most significant relationship test in torts
place of injury, conduct causing injury, where parties are home, relationship
what facts are relevant under most significant relationship test in k
place of contracting, place of negotiation, place of performance, place where parties are at home
what policies are relevant under most significant relationship test in k
policies of the states, reasonable expectation of parties, is forum state interested?
what policies are relevant under most significant relationship test in tort
policies of the states, is forum state interested?
what is interest analysis
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
what is the torts exception for loss distribution
if issue is loss distribution + parties share common domicile; domicile will win
what are the defenses to choice of law
- against fundamental public policy
- forum court will apply its own procedural rules
is statute of limitations procedural or substantive for COL? exceptions?
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
how does domicile by choice work
physical presence + intent to remain indefinitely
note. if don’t make it, former domicile applies
domicile by operation of law rules
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
if rendering jx is sister state, when will suit be recognized?
if full faith and credit satisfied:
1. rendering state had proper PJ and SMJ
2. judgment on the merits
3. final judgment
are defaults judgment on the merits
yes
what are valid defenses to rendering state decrees in col
penal judgments
extrinsic fraud
note. public policy and mistake irrelevant
if rendering jx is foreign country, when will suit be recognized?
comity - discretion based on whether there was proper jx and procedures were fair
when do Ps and Ds seek enforcement in rendering judgments
b. Ps will seek recognition to enforce in the rendering judgment; D will seek recognition for preclusion
