Conflicts of Law

Question 1

Choice of Law Theories: Most Significant Relationship Approach

Answer 1

Under this approach, apply the law of the state having the most significant relationship to the transaction and the parties.

Question 2

Interest Analysis Approach

Answer 2

the court weighs the interests of the states involved. the state with greater interest will have law applied.

• if one state has an interest to apply and other state doesn’t, apply law of interested state
• if both interested, court to look for a more moderate/restrained interpretation to avoid the conflict.
• if still conflict, apply law of forum state.

Question 3

Contracts with a Choice of Law Provision

Answer 3

• parties are free to choose for matters of contract construction
• parties may choose applicable law if:
  
  • state has some connection
  • k not entered into under fraud, duress, or mistake; AND
  • choice isn’t contrary to a substantial policy interest of another state that has more significant interest.

Question 4

Contracts with No choice of law provision

Answer 4

tradition view: apply law of the state where contract is formed or the k is to be performed.

most significant approach: applu the law of the state with the most signficant relationship. (negotiation, performance, location, parties, domicie, place of business, residence, nationality.)

Question 5

Real Property Inheritance

Answer 5

apply law of where the property located (situs rule)

Question 6

Personal Property Inheritance

Answer 6

apply state law of decedent’s domicile estate.

Question 7

Erie Doctrine

Answer 7

applies when a federal case is brought under diversity jurisdcition. fed courts will apply federal procedure law and substantive law of the forum state in which it sits.

• Procedural: civil pro rules, SOLs, burden of proof, rebuttable presumption
• Substantive: choice of law rules, SoF, irrebutable presumptions.

Question 8

Marriage: Full Faith and Credit

Answer 8

if a marriage is valid there it’s valid everywhere unles sit violates strong public policy

most states will honor CL marriage validly established in another state.

Question 9

Divorce: Full faith and credit

Exparte divoice

Answer 9

a divotce valid in another state is entitled to full faith and credit in all states.

ex parte divorce: may be mainted w/o pj over the absentee spouse if the plaintiff spouse is domiciled in the state where the court sits.

Question 10

Child Support/ Custody

Answer 10

Court must have had pj over the defendant-spouse in order for the judgment to be given full faith and credit.