Conflicts of Law Flashcards
Conflicts of Law
Is commonly tested with Family Law, Civil Procedure or Wills
Full Faith & Credit
A state must recognize final judgments of other states so as long as the judgment is on the merits and the other state had jurisdiction
Recognition of marriage
A marriage which is valid under the law of the state where it was contracted will be valid elsewhere unless it violates a strong public policy of the state that has the most significant relationship to the spouses and the marriage
Examples of what may violate public policy include incest or polygamy
Examples of what do not violate public policy include blood test requirements, marriage license requirements and recognition of common law marriage
Common Law Marriage
When full faith and credit is tested common law marriage is virtually always tested with this principle
If the marriage is recognized by the state where the couple entered into the marriage, it will be recognized by all other states
Jurisdiction over Divorce
Personal jurisdiction over both spouses is not necessary to render a divorce decree
The state rendering the decree only needs jurisdiction over the plaintiff spouse
However, personal jurisdiction over both spouses is necessary to issue a binding property division order or support order
Recognition of divorce
A divorce decree must be granted full faith and credit by other states if the court rendering the divorce decree had jurisdiction to enter it
Which state’s law governs premarital agreements?
Some states will apply the law of the state where the contract was executed other states apply the law of the state with the most significant relationship to the parties and transactions
Klaxon doctrine
Applies to conflicts of law tested with Civ Pro questions
A federal district court in a diversity case must apply the choice of law approach of the state in which it sits
Change of venue
If a case is transferred to a more appropriate forum, the law of the transferor court will apply
Statute of limitations
A court will apply its own procedural laws even if the substantive laws of another state are applied to the case
Choice of law clause in a Contract Claim
If a contract specifies the state law that will be governed by, generally that law will apply
Validity of a Will
At common law the validity of a will was determined under the law of the state where the testator was domiciled at the time of his death
Under UPC a will is valid if it complies either with the law of the state in which it was executed or with the law of the place where the testator was domiciled when he signed his will or when he died
Personal Property
The postmortem distribution of personal property is governed by the law of the state in which the decedent was domiciled at the time of his death
Real Property
The postmortem distribution of real property is governed by the law of the situs (the law of the place where the property is located)
