Conflicts of Law Flashcards
Constitutional Limitations on Choice of Law
A state can apply its own law only if the state has a significant contact or aggregation of contacts with the issue such that the application of its law is neither arbitrary or fundamentally unfair.
Klaxon Rule
Federal court in diversity:
Must apply choice of law rules of state in which it sits (choice of law rules are substantive).
EXCEPT: when transfer of venue, then they apply the choice of law of the transferor state.
government interest approach (conflicts)
presumed that forum state will apply its own law, but parties can request another state’s law to apply because that state has a greater interest.
False conflict? (forum has no interest) - apply other state
True conflict? forum state looks to its own policies to see which should apply
When will choice of law clauses be upheld?
If (1) agreement is valid, (2) it doesn’t violate public policy of forum or other interested state, and (3) it is related to the lawsuit
First Restatement (conflicts)
Vested Rights Approach
occurs where parties rights vested
Renvoi
If applying law of another state, apply all law, including conflict of law
Generally rejected today
Domicile of individual
(1) presence
(2) intent to reside permanently
Divorce and Conflicts of Law
Grounds for divorce - law of state in which plaintiff is domiciled
Prenups? Majority - state with most significant relationship. Minority - state where K was executed.
Second Restatement (conflicts)
Most significant relationship approach
Look at (1) promoting the policies of the forum and other interested states, (2) Systemic interests, and (3) protecting justified expectations of the parties (only with planned cases)
Conflict of Law Torts
Vested rights - law where last act to create liability occurred (the injury)
Most significant relationship - probably where the injury took place, but must analyze (1) place of injury, (2) place where conduct causing injury occurred, (3) domicile, (4) place where relationship is centered
government interest - look to its own law unless request made.
Marriage and conflicts of law
A marriage that is valid where celebrated will be valid everywhere.
EXCEPTION: if it violates public policy of state where most significant relationship exists at time of marriage, may not be valid in that state. OR if it violates public policy of state in which either party is domiciled, may not be valid.
Recognition of divorce orders from other states
If OG court had jurisdiction and the decree is valid, must be recognized.
Bilateral divorce - court has PJ over both spouses and at least one spouse is domiciled there, the full faith and credit
Ex parte divorce - if court only had PJ over one spouse, then other states only need to recognize the ORDER, not other issues like property division, alimony, child custody.
Defenses to foreign law
(1) it is procedural rather than substantive, (2) against public policy, (3) penal law (forum state court will not enforce another state’s penal laws)
Property and conflicts of law
TPP - law of state where it is physically located applies (unless UCC or government interest)
IPP - law of state where intangible property was created or transferred (unless UCC or government interest)
RP - where RP is located
Workers comp and conflict of law
Any state with interest in the injury can apply its law, Employer and Employee can agree to have another state law apply
Two workers comp claims - the second will only be barred if there is unmistakeable language barring it
