Conflicts of Law

Question 1

what are the 2 ways someone can make a state their domicile?

Answer 1

1) by choice (voluntarily moving there)
2) by law (child is automatically domiciled in the same state as their parent)

Question 2

What are the 3 big conflict of law approaches?

Answer 2

1) Traditional Approach of the 1st Restatement
2) Governmental Interest Approach
3) Most Significant Relationship Approach

Question 3

What is the government interest approach?

Answer 3

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.

Question 4

When creating a domicile by choice, what are the 2 things that must occur?

Answer 4

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)

Question 5

Under the government interest analysis approach, which law applies if there is only 1 state interested, or if no states are interested?

Answer 5

If only 1 state is interested, apply that state’s law

If no state is interested, apply the forum state’s law

Question 6

What are the 2 categories of law you need to recognize for a government interest analysis approach?

Answer 6

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)

Question 7

how are conduct regulating and loss-shifting laws treated differently in government interest analysis?

Answer 7

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

Question 8

What is the Most Significant Relationship Approach?

Answer 8

A court should apply the law of the state with the most significant relationship to the particular issue at hand

Question 9

What counts as a “significant relationship” for purposes of the Significant Relationship Approach?

Answer 9

1. Promoting the policies of the forum states and any other interested states
2. Protecting the justified expectations of the parties
3. Systemic interests such as uniformity, certainty, simplicity, and predictability

Question 10

what is dececage?

Answer 10

the concept that different states should have their laws apply to the different interests they all have within the same case

Question 11

what is renvoi?

Answer 11

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

Question 12

How does the traditional approach work with tort claims?

Answer 12

generally, the state where the injury occurred has their law apply

Question 13

How does the government interest analysis approach work with tort claims?

Answer 13

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

Question 14

How does the significant relationship approach work with tort claims?

Answer 14

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

Question 15

In contract situations, can the parties include choice of law clauses dictating where either party must bring a breach of contract action?

Answer 15

Yes. However, there is an exception where parties cannot have a clause determining the validity of a contract

Question 16

How is the validity of a contract handled under the Significant Relationship approach?

Answer 16

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

Question 17

How is the validity of a contract handled under the traditional approach?

Answer 17

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)

Question 18

Which state has their choice of law rules apply in a contract situation under the 2nd Restatement Significant Relationship approach?

Answer 18

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

Question 19

Under the traditional approach, which state’s law will apply to a marriage, and whether the marriage is valid?

Answer 19

The law of the place where the marriage was celebrated

Question 20

Under the traditional approach, when may a state refuse to recognize a valid marriage from another state?

Answer 20

If the state has a strong public policy that was violated by the marriage, the state can refuse to recognize the marriage

Question 21

For immovable property (land), which state’s laws govern that land?

Answer 21

Under both the First and Second Restatement, issues regarding immovable property are governed by the law of the situs of the property.

Question 22

For movable tangible property (a car), which state’s laws govern that property?

Answer 22

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.

Question 23

For movable intangible property (a car), which state’s laws govern that property?

Answer 23

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

Question 24

When it comes to intestate succession, which state’s law typically applies?

Answer 24

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

Question 25

Under the traditional approach, how were foreign (other states’) laws treated if a party wished to bring them into the case?

Answer 25

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

Question 26

what are the 3 defenses a state court can use so they don’t have to apply another state’s law?

Answer 26

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

Question 27

Under Constitutional law, when can a state apply their substantive law to a case?

Answer 27

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

Question 28

Under Constitutional law, when can a state apply their procedural law to a case?

Answer 28

Yes. Typically, a state is entitled to apply their own procedural law to any issue that’s traditionally viewed as procedural

Question 29

What does the Erie Doctrine state?

Answer 29

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

Question 30

What makes a state law substantive?

Answer 30

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)

Question 31

what is the Klaxon Rule?

Answer 31

a federal court hearing a case based on diversity jurisdiction must apply the choice of law rules of the state in which it sits

Question 32

what is the exception to the Klaxon Rule?

Answer 32

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

Question 33

If a state law is outcome determinative, then under an Erie analysis, does that mean it’s substantive or procedural?

Answer 33

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

Question 34

When does a court have personal jurisdiction to issue a divorce decree?

Answer 34

When at least one of the spouses is domiciled, typically the spouse seeking the divorce

Question 35

Must a state’s divorce decrees be given full faith and credit in all other states?

Answer 35

Yes, as long as the state issuing the divorce had personal jurisdiction to issue it (at least 1 spouse was domiciled in the state)

Question 36

Under the UCCJEA, how does jurisdiction work for deciding child custody?

Answer 36

a state has sole jurisdiction to issue a child custody decision if it’s the state where the child is domiciled.

Question 37

When it comes to wills and whether one is valid, which state has its law apply?

Answer 37

Under the UPC, state where:
1) the will was executed; or
2) the state where the testator is domiciled at the time of death

Question 38

which state has jurisdiction over a workers compensation case?

Answer 38

any state with a legitimate interest in an injury and
its consequences may apply its workers’ compensation act

Question 39

is a state’s choice of law rules substantive or procedural?

Answer 39

choice of law rules are typically substantive

Question 40

in a workers compensation situation where multiple states are legitimately interested, which one gets to apply their workers comp law?

Answer 40

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

Question 41

Are US courts required to recognize foreign country judgments?

Answer 41

No. Under the Comity Clause, US courts have discretion on whether they want to recognize a foreign country’s judicial decisions/laws

Question 42

in a corporate situation involving internal affairs of the corporation, which state’s law applies?

Answer 42

The state of incorporation

Question 43

in a corporate situation involving external affairs (transactions with third parties) of the corporation, which state’s law applies?

Answer 43

The corporation is treated like a natural person

Question 44

are statute of limitations laws considered substantive or procedural?

Answer 44

Under the 1st Restatement traditional approach, procedural.

Under the 2nd Restatement significant relationship approach, substantive