Conflicts of Law

Question 1

What is the key principle regarding Conflict of Laws in relation to other subjects?

Answer 1

Conflict of Laws issues are embedded in other MEE subject areas and will not be a stand-alone question.

Question 2

Which subjects are commonly tested alongside Conflict of Laws?

Answer 2

• Family Law
• Civil Procedure
• Decedents’ Estates

Question 3

What is full faith and credit in Conflict of Laws combined with Family Law?

Answer 3

A state must recognize final judgments of other states if the judgment is on the merits and the other state had jurisdiction.

Question 4

What determines the recognition of a marriage under Conflict of Laws?

Answer 4

A marriage valid under the law of the state where it was contracted will be valid elsewhere unless it violates strong public policy of the state that has the most significant relationship to the spouses and the marriage.

Question 5

What are examples of marriages that may violate public policy?

Answer 5

• Incest
• Polygamy

Question 6

What are examples of marriages that do not violate public policy?

Answer 6

• Blood test requirements
• Marriage license requirements
• Recognition of common law marriage

Question 7

What is the requirement for jurisdiction over divorce versus jurisdiction over spousal support and property division?

Answer 7

Personal jurisdiction over both spouses is not needed to render a divorce decree, but is necessary for binding property division or support orders.

The state rendering the decree only needs jurisdiction over the plaintiff spouse in divorce cases.
Personal jurisdiction over both is necessary to issue a binding property division order or support order. (This embodies the concept of “divisible” divorce decree)

Question 8

What must happen for a divorce decree to be recognized by other states?

Answer 8

The divorce decree must be granted full faith and credit if the court rendering the divorce had jurisdiction to enter it.

Question 9

Which state’s law governs premarital agreements?

Answer 9

Some states apply the law of the state where the contract was executed; others states apply the law of the state with the most significant relationship to the parties and transaction.

Question 10

What is the Klaxon doctrine? Applicable in Conflicts of Law in Federal Civil Procedure

Answer 10

A federal district court sitting in diversity must apply the choice of law approach prevailing in the state in which it sits. (Klaxon Co. v. Stentor)

Question 11

What happens when a case is transferred to a more appropriate forum?

Answer 11

The new (transferee) court must apply the laws that the original (transferor) court would have applied, including their state choice of law rules.

Question 12

What is generally applied regarding statutes of limitations in Conflict of Laws?

Answer 12

A court will apply its own procedural laws, including its own statute of limitations.

Question 13

What is a borrowing statute?

Answer 13

Some states have borrowing statutes indicating that the other state’s statute should be used in certain cases.

Question 14

Under what conditions will a choice of law clause in a contract apply?

Answer 14

The state law specified in the contract will apply unless:
(1) the chosen state has no substantial relationship to the parties or the transaction, so there is no other reasonable basis for the parties’ choice; or
(2) the application of the law of the chosen state would violate a fundamental policy of a state with greater interest than the chosen state in the determination of the particular issue and which, under a “most significant relationship” test, would be the state of the applicable law in the absence of an effective choice of law by the parties

Question 15

What law governs a Corporation?

Answer 15

The law of the state of incorporation governs existence, structure, and internal matters, such as capacity, shareholders’ rights.
Rights and liabilities (external matters) are determined by the state with the most significant relationship.

Question 16

How is a tort claim analyzed under Conflict of Laws?

Answer 16

A jurisdiction analyzes a specific tort claim using the ‘most significant relationship’ approach found in the Restatement (Second) of Conflicts of Law.

Question 17

What are the four factors to determine the most significant relationship for tort claims?

Answer 17

1. Place where the injury occurred
2. Place where the conduct causing the injury occurred
3. Domicile, residence, nationality, place of incorporation, and place of business of the parties
4. Place where the relationship between the parties is centered.

Question 18

What law governs the validity of a will at common law?

Answer 18

The validity of a will is determined under the law of the state where the testator was domiciled at the time of his death.

Question 19

Under the Uniform Probate Code, when is a will considered valid?

Answer 19

Under the 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 of the testator’s domicile at signing or death.

Question 20

How is the distribution of personal property after death governed?

Answer 20

The postmortem distribution of personal property is governed by the law of the state where the decedent was domiciled at the time of death.

Question 21

How is the distribution of real property after death governed?

Answer 21

Distribution of real property is governed by the law of the situs (the law of the place where the property is located).

Question 22

What determines a child’s entitlement to inherit?

Answer 22

Whether a child is entitled to inherit depends on the law of the state in which the decedent was domiciled (the law of the interstate’s domicile at the time of death).
This is inapplicable to real property as the law governing it is the law of situs.

Question 23

What governs the postmortem distribution of real property?

Answer 23

The law of the situs

The situs refers to the place where the property is located.

Question 24

Inheritance eligibility for a child depends on what?

Answer 24

The law of the intestate’s domicile at the time of death

This principle does not apply to real property.

Question 25

True or False: The law governing real property is determined by the intestate’s domicile.

Answer 25

False

The law governing real property is instead determined by the law of the situs.

Question 26

Fill in the blank: The law of the ______ governs the distribution of real property postmortem.

Answer 26

situs

Question 27

What is the significance of the domicile at the time of death in inheritance?

Answer 27

It determines whether a child is entitled to inherit

This is relevant only for personal property, not real property.

Question 28

When is recognized a common law marriage?

Answer 28

It is recognized by all other states if the marriage is recognized by the state where the couple entered into the marriage.

Question 29

What type of analysis do some states use to resolve choice of law issues?

Answer 29

Interest analysis

Interest analysis evaluates the interests of the parties involved to determine which jurisdiction’s laws should apply.

Question 30

What specific issues can interest analysis address?

Answer 30

Statute of limitations issues

Statute of limitations refers to the maximum time period after an event within which legal proceedings may be initiated.

Question 31

Change of venue: What is the primary condition for a court to transfer a case to another district court?

Answer 31

A court may transfer a case to any district court in which it could have been brought if convenience and the “interest of justice” favor a transfer.

Question 32

What law must the transferee court apply when a case is transferred to a more appropriate forum?

Answer 32

The laws that the original transferor court would have applied

This includes the state choice of law rules of the transferor court.

Question 33

What happens if a case is initially filed in an improper forum and then transferred to a proper forum?

Answer 33

The transferee (new) court applies its own law, rather than the law of the transferor court.

This is because the transferor court did not have the power to hear the case in the first place.

Question 34

How does a court generally approach statutes of limitations in relation to procedural and substantive laws?

Answer 34

A court will apply its own procedural laws even if substantive laws of another state are applied

Statutes of limitations are generally considered procedural.

Question 35

When does a court apply the statute of limitations of another state?

Answer 35

When the claim would be barred by the law of the state with a more significant relationship to the parties

This is an exception to the general rule of applying its own statute of limitations.

Question 36

What is a borrowing statute?

Answer 36

A statute indicating that another state’s statute should be used in certain cases

Some states have borrowing statutes that guide this application.

Question 37

What is the exception regarding the characterization of a statute of limitations?

Answer 37

When a statute of limitations is specific to a particular kind of claim created by the law that created the cause of action to which it applies, courts will often characterize the SOL as substantive.

Traditionally, this was applied only when the foreign statute barred an otherwise timely action, not when it
extended the time for bringing the action.)

Question 38

True or False: A statute of limitations is always considered substantive law.

Answer 38

False

Generally, a statute of limitations is considered procedural unless specific exceptions apply.

Question 39

Fill in the blank: A court applies its own statute of limitations unless the claim would be barred by the law of the state with a _______.

Answer 39

[more significant relationship to the parties]