Conflicts of Law

Question 1

What is tested most with Conflicts?

Answer 1

Family law is most popular
63% is choice of law
38% is domicile
13% recognition of foreign judgments
SOMETIMES THERE WILL BE NO CLEAR RIGHT ANSWER

Question 2

how many domiciles does a person have? How acquired?

Answer 2

Can only have one domicile

BY choice or by law

Question 3

how to establish new domicile

Answer 3

“your mind plus your behind”–you do it by choice of where you decide to live.

1. abandon old, be physically present in new domicile. But doesn’t have to be 100% of time
2. Intent to remain indefinitely.
   relevant: taxes, voting, car registration, get job, sign lease, etc.

Question 4

when does domicile establish itself by law

Answer 4

Person: If you don’t have legal capacity: like when baby is born, takes domicile of parents

Corporation: generally where it’s incorporated. (business contacts are relevant to choice of law but are not domicile)

Question 5

choice law issue exists when…

Answer 5

whenever the law of more than one JDX arguable apply to the same set of facts.
Could be between 2 states, state/fed, or foreign country

Question 6

what is a forum state?

Answer 6

the state in which a lawsuit is brought. It’s law is forum law.

Question 7

difference between choice of law and JDX:

Answer 7

JDX: depends on SMJDX, PJDX, and venue

only after JDX is established in a case with multi-state elements does choice of law come up

Question 8

where do the rules for choice of law come from

Answer 8

each state has its own. The forum will look to its own choice of law rules.

3 general approaches: groups.

Question 9

3 general approaches to choice or law

Answer 9

1. traditional (first restatement) AKA territorial
2. governmental interest analysis (or “interest analysis”)
3. Most significant relationship (second restatement) about half of states

Essay will tell you which, if not do all 3

Question 10

traditional approach to choice of law

Answer 10

TERRITORIAL
each state is entitled to determine legal effect of events that occur in its territory

as soon as something legally significant occurs, a legal right to sue vests. The vesting happens in that state and according to that state law.

Right vests when the LAST ACT occurs necessary to give P a CoA

Question 11

governmental interest analysis (or “interest analysis”)

Answer 11

law applies to set of facts if its application to those facts would promote the underlying purposes and policies of the law

Step 1: If the law of a state applies to a case, the state is said to be “interested” in the sense above.
If you determine only 1 of the states is truly interested it’s a false confclict and you choose the best state

If true conflict:
Classical interest analysis: just apply the law of the forum state

If neither is interested:
Same: apply law of forum

Conduct-regulating laws vs (most laws. tell people not to do something). Have interest in this when wrongful conduct occurs in their territory and/or injures a domiciliaries

Loss-shifting laws (don’t declare conduct unlawful, but determine who pays for bad conduct. Like immunity from suit or vicarious liability. Have interest in applying this when it would benefit one of their domiciliaries

Question 12

3. Most significant relationship (second Restatement, half of states)

Answer 12

Apply law of state that has the most significant relationship to the issue in question
7 guiding principles: 3 groups
1. promotion of relevant policies of forum and other state interest
2. protecting systemic interests: certainty, uniform, predicatbilyy, simplicity (CUPS)
3. protecting the justified expectations of the parties (applies only to planned transactions like Ks, trust, real property) does not apply to unplanned stuff like negligence

“A court must determine which state has most significant relationship with teh issue in question. To answer this, teh court should look to several guiding principles, among them the promotion of the relevant policies of the forum and others state interests, protecting systematic interest like predicatacitly, and protecting the

Question 13

Torts choice of law under each of 3 theories

Answer 13

1. territorial: law of place where wrong committed, which is where the Last event necessary for liability took place. (thing injured is sitting at time of wrong)
2. MSR: 4 important contacts: place of injury, place of causal conduct, domicile/resd/busn of parties, and where relationship is centered.
3. GI. forum state uses own law so long as state has legit interest in apply its own law.

Question 14

choice of law for CONTRACTS under 3 theories

Answer 14

1. Territorial. express choice in K (if there) unless fraud/mistake w/o true consent, contrary to pub policy, or no reas basis for choice
2. Law of place where K either executed or performed:
   Executed: validity of K, defense to formation, interp of K
   Performed: details of performance, person to perform and who receives performance, sufficiency of performance, and excsues for nonperformance
3. Factors in addition to 7 policy factors:
   location of contracting, negotiation, performance
   where K’s subject matter locationed
   location of parties: domiciles, incorporation, bsun, residence
   If negotiiation and perf are same, forum court will apply law of that state.
   Other default K rules:
   -land Ks controlled by land location
   -personal property Ks law of state where delivery located

Question 15

What does the Full Faith and Credit clause require?

Answer 15

Full faith and credit: forum state must apply laws of another state when forum state has no contacts/interest in controversy.