Conflicts of Law Flashcards
what are the 2 ways someone can make a state their domicile?
1) by choice (voluntarily moving there)
2) by law (child is automatically domiciled in the same state as their parent)
What are the 3 big conflict of law approaches?
1) Traditional Approach of the 1st Restatement
2) Governmental Interest Approach
3) Most Significant Relationship Approach
What is the government interest approach?
When you need to weigh the interests of multiple states there are multiple states interested in a case, i.e., if the state applying its law to the fact pattern at hand would promote the underlying purposes of that law.
If more than 1 state is interested, there’s a true conflict, and the forum state’s law will be applied.
When creating a domicile by choice, what are the 2 things that must occur?
The person must:
1) Establish a physical presence in the state
2) Have the intent to make that state their domicile, shown by them taking physical acts demonstrating as much (ex. listing the state as their address on their mail)
Under the government interest analysis approach, which law applies if there is only 1 state interested, or if no states are interested?
If only 1 state is interested, apply that state’s law
If no state is interested, apply the forum state’s law
What are the 2 categories of law you need to recognize for a government interest analysis approach?
1) conduct regulating laws: laws that’re designed to regulate conduct (ex. making assault illegal)
2) loss-shifting laws: laws that designate who can and cannot be liable (ex. qualified immunity)
how are conduct regulating and loss-shifting laws treated differently in government interest analysis?
They differ in how it’s determined whether the state is interested in the situation at hand
For conduct regulating laws, a state becomes interested if the conduct occurs within its borders or when a state domiciliary is injured
For loss-shifting laws, a state becomes interested when applying their law would benefit a state domiciliary
What is the Most Significant Relationship Approach?
A court should apply the law of the state with the most significant relationship to the particular issue at hand
What counts as a “significant relationship” for purposes of the Significant Relationship Approach?
- Promoting the policies of the forum states and any other interested states
- Protecting the justified expectations of the parties
- Systemic interests such as uniformity, certainty, simplicity, and predictability
what is dececage?
the concept that different states should have their laws apply to the different interests they all have within the same case
what is renvoi?
the concept that when a court applies the law of another state, they should apply all of that state’s laws, including their choice of law rules
All 3 choice of law approaches reject renvoi
How does the traditional approach work with tort claims?
generally, the state where the injury occurred has their law apply
How does the government interest analysis approach work with tort claims?
No special rules for torts. Just do the typical determination of whether it’s a conduct regulating rule or a loss-shifting rule, and go from there
How does the significant relationship approach work with tort claims?
The state with the most significant relationship to the trot has their law apply. The significance of relationship is judged based on:
-where injury occurred
-place where the conduct that caused the injury occurred
-domicile/place of incorporation of the parties
-place where the parties’ relationship centers
In contract situations, can the parties include choice of law clauses dictating where either party must bring a breach of contract action?
Yes. However, there is an exception where parties cannot have a clause determining the validity of a contract
How is the validity of a contract handled under the Significant Relationship approach?
The parties can have a clause choosing which state law will apply to the validity if:
1) the chosen state has a substantial relationship with the parties and transaction; or
2) There is some other reasonable basis for the choice
This choice of law clause will be ignored if it conflicts with a fundamental policy of the state with the most significant relationship
How is the validity of a contract handled under the traditional approach?
The place of contracting has their choice of law rules govern.
The place of contracting is where the essential elements for contract formation occur (typically where acceptance occurs)
Which state has their choice of law rules apply in a contract situation under the 2nd Restatement Significant Relationship approach?
The place with the most significant relationship to the contract. This is judged based on these factors:
-place of contracting, performance, and acceptance
-place where the contract’s subject matter is located
-location of parties’ domiciles/places of incorporation
Under the traditional approach, which state’s law will apply to a marriage, and whether the marriage is valid?
The law of the place where the marriage was celebrated
Under the traditional approach, when may a state refuse to recognize a valid marriage from another state?
If the state has a strong public policy that was violated by the marriage, the state can refuse to recognize the marriage
For immovable property (land), which state’s laws govern that land?
Under both the First and Second Restatement, issues regarding immovable property are governed by the law of the situs of the property.
For movable tangible property (a car), which state’s laws govern that property?
Under both the First and Second Restatement, issues regarding tangible moveable property are generally governed by the law of the state in which the property was located at the time of the transaction.
For movable intangible property (a car), which state’s laws govern that property?
Under the 1st Restatement, the law of the place where the intangible was created.
Under the 2nd Restatement Signficant Relationship approach, look to the guiding factors: systemic interests, protecting justified expectations, and promoting relevant policies of the forum state
When it comes to intestate succession, which state’s law typically applies?
If the property is immoveable, under the 1st and 2nd Restatement, the law of the situs
For movable property, under the 1st and 2nd Restatement, the law of the state where the decedent was domiciled when they died
Under the traditional approach, how were foreign (other states’) laws treated if a party wished to bring them into the case?
They were not treated as law at all, but facts to be proven in the case. If the party failed to plead and prove the foreign law, the court would either dismiss the case or just apply the forum state’s law
what are the 3 defenses a state court can use so they don’t have to apply another state’s law?
1) public policy exception: state won’t apply another state’s law if that other state’s law violates a strongly held and fundamental public policy of the forum state
2) penal law exception: states don’t enforce or apply the penal/criminal laws of other states
3) substantive v. procedural exception: a forum state almost never has to apply another state’s procedural laws
Under Constitutional law, when can a state apply their substantive law to a case?
If that state has sufficient contacts or an aggregation of contacts with the issues of the case, such that application of their law would not be fundamentally unfair nor arbitrary
Under Constitutional law, when can a state apply their procedural law to a case?
Yes. Typically, a state is entitled to apply their own procedural law to any issue that’s traditionally viewed as procedural
What does the Erie Doctrine state?
Federal courts exercising diversity jurisdiction must apply the substantive law of the state in which they sit, and apply it as it’s been interpreted by the state’s highest court
What makes a state law substantive?
a substantive law is one that defines the legal rights and obligations of the parties (ex. burdens of proof, elements of a claim, elements of a defense)
what is the Klaxon Rule?
a federal court hearing a case based on diversity jurisdiction must apply the choice of law rules of the state in which it sits
what is the exception to the Klaxon Rule?
If a case is properly filed in a federal court in one state, but then transferred to a federal court in another state pursuant to the Federal venue statute, then the choice of law rules of the first state will apply
If a state law is outcome determinative, then under an Erie analysis, does that mean it’s substantive or procedural?
a state law is substantive under Erie if it’s outcome determinative in a direct and certain enough way that it
encourages forum shopping between state and federal court
When does a court have personal jurisdiction to issue a divorce decree?
When at least one of the spouses is domiciled, typically the spouse seeking the divorce
Must a state’s divorce decrees be given full faith and credit in all other states?
Yes, as long as the state issuing the divorce had personal jurisdiction to issue it (at least 1 spouse was domiciled in the state)
Under the UCCJEA, how does jurisdiction work for deciding child custody?
a state has sole jurisdiction to issue a child custody decision if it’s the state where the child is domiciled.
When it comes to wills and whether one is valid, which state has its law apply?
Under the UPC, state where:
1) the will was executed; or
2) the state where the testator is domiciled at the time of death
which state has jurisdiction over a workers compensation case?
any state with a legitimate interest in an injury and
its consequences may apply its workers’ compensation act
is a state’s choice of law rules substantive or procedural?
choice of law rules are typically substantive
in a workers compensation situation where multiple states are legitimately interested, which one gets to apply their workers comp law?
When more than one state has a legitimate interest, a worker should review the
workers’ compensation statutes of each state before deciding where to file his claim
Are US courts required to recognize foreign country judgments?
No. Under the Comity Clause, US courts have discretion on whether they want to recognize a foreign country’s judicial decisions/laws
in a corporate situation involving internal affairs of the corporation, which state’s law applies?
The state of incorporation
in a corporate situation involving external affairs (transactions with third parties) of the corporation, which state’s law applies?
The corporation is treated like a natural person
are statute of limitations laws considered substantive or procedural?
Under the 1st Restatement traditional approach, procedural.
Under the 2nd Restatement significant relationship approach, substantive
