Conflicts Flashcards
What is the primary significance of an individual’s domicile in Conflict of Laws?
It subjects them to personal jurisdiction in that state and is significant for resolving choice-of-law issues.
How is an individual’s domicile determined?
By where he physically resides with intent to remain.
Can a person have more than one domicile?
No, a person cannot have more than one domicile.
Where is a corporation’s domicile located?
In the state where it is incorporated.
Where is a child or person without capacity domiciled?
Where the custodial parents are domiciled.
What factors indicate a choice-of-law issue?
Presence of two or more states and specific laws from more than one state referenced.
What is the first step in addressing a choice-of-law issue?
Determine if the court has jurisdiction.
What is the traditional approach to choice-of-law problems?
The vested rights approach requires applying one state’s law to all issues.
What is dépeçage in the context of choice-of-law?
The modern approach that allows different states’ laws to apply to different issues.
In tort cases, which law is usually applied?
The law of the place of injury.
In contract cases, what governs the validity of a contract?
The law of the place of execution.
What are the seven policy principles considered in the Most Significant Relationship approach?
- Needs of the interstate system
- Relevant policies of the forum
- Policies of interested states
- Party expectations
- Policies underlying the substantive areas of law
- Certainty, predictability, and uniformity
- Ease of future application
What does the Governmental Interest approach presume?
That the forum state will apply its own law unless another state’s law should be applied.
What is a true conflict in Conflict of Laws?
When both the forum state and another state have an interest.
What is a false conflict?
When the forum state does not have an interest, but another state does.
What must be shown for a state to apply its own law in a dispute?
The state must have a significant contact with the dispute.
What does Full Faith and Credit require?
A judgment must be given FFC if jurisdiction was proper, the judgment was final, and it was on the merits.
What happens to conflicting judgments in terms of Full Faith and Credit?
The later judgment, if valid, is entitled to FFC.
Are foreign country judgments entitled to Full Faith and Credit?
No, but they can be enforced as a matter of comity.
What is the effect of a bilateral divorce decree regarding property rights and custody?
It is entitled to Full Faith and Credit.
What does UCCJEA provide regarding child custody jurisdiction?
It gives one state exclusive jurisdiction to make the initial order.
Fill in the blank: A state must give _______ to the public acts, records, and judicial proceedings of another state unless it violates its own public policy.
Full Faith and Credit
What is the Erie Doctrine in federal court?
In a diversity case, the court must apply the choice-of-law rules of the state in which it sits.
What is the role of procedural law in the context of Conflict of Laws?
Procedural law of the forum state will always apply.
What is the significance of the statute of limitations in Conflict of Laws?
It is generally considered procedural and applies the forum state’s SOL unless another state has a more significant relationship.
What is a choice-of-law provision?
A clause within a valid contract that dictates which state’s law will govern the agreement.
What is the significance of the place of incorporation for corporations?
It determines issues related to formation, dissolution, structure, and internal affairs.
