Conflicts of Law Flashcards
To change domicile a person must?
Abandon previous domicile, establish a physical presence in new domicile, and show an intent for an indefinite time to stay
A corporation is domiciled where?
In its state of incorporation
What are the 3 approaches to choice of law?
Vested rights, governmental interest analysis, and most significant relationship
What is the vested rights approach?
The law of the place where the legal right vested is applied, that is where the last act takes place necessary to give rise to the cause of action.
What is the government interest analysis?
A law applies if it would promote the policies and purposes of the law. First determine if there is a false (only one state interested) or a true (both states are interested) conflict. If false, apply the law of the interested state, if true, then apply the law of the forum state.
When is a state interested in applying conduct-regulating laws?
When the wrongful conduct is within their territory or when a state domiciliary is injured anywhere.
When is a state interested in applying loss-shifting laws?
When doing so would benefit a state domiciliary.
What is the most significant relationship test?
Apply the law of that state that has the most significant relationship, consider if application furthers the policies of the states, systemic interests such as predictability and simplicity, and whether justified expectations of the parties will be protected. If unclear which has a more significant interest, apply the law of the forum state.
What is depecage?
When differest states laws apply to different issues in the case. Not allowed under vested rights, is allowed for the other approaches.
What is renvoi?
When the court applies the entire law of another state including choice of law rules. This only applies to property rights in land.
What law applies to tangible moveable property?
The choice of law int he contract OR the place where the property was located at the time of the transactions.
What law applies to intangible property?
The law of the state where it was created.
What law applies to immovable property at death?
The law of the situs.
What law applies to moveable property at death?
The decedent’s domicile unless there is a choice of law provision in the will.
Validity of a marriage is based on?
The law where the marriage was celebrated