CONFLICTS OF LAW ("COL") Flashcards
COL & FULL FAITH AND CREDIT
A state must recognize final judgments of other states so long as the judgment is on the merits and the other state had jurisdiction
COL & RECOGNITION OF MARRIAGE
A marriage which is valid under the law of the state where it was contracted will be valid elsewhere unless it violates a strong public policy of the state that has the most significant relationship to the spouses and the marriage. Some examples of what may violate public policy include incest or polygamy. Examples of what do not violate public policy include blood test requirements, marriage license requirements, and recognition of common law marriage.
- Common law marriage is virtually always tested when this principle is tested. So, know that if the marriage is recognized by the state where the couple entered into the marriage, it will be recognized by all other states.
COL & CORPORATIONS
The law of the state of incorporation governs existence, structure, and internal matters such as capacity, shareholder’s rights, etc. Rights and liabilities (external matters) are determined by the state with the most significant relationship.
COL & REAL PROPERTY
A court generally uses the law of the situs for land (i.e., the law where the real property is located). Occasionally, the state will characterize a dispute over real property as, say, a contract dispute, and look at which state has the most significant relationship to the property if it makes more sense in the given case.
COL & VALIDITY OF WILL
At common law, the validity of a will was determined under the law of the state where the testator was domiciled at the time of his death. Under the Uniform Probate Code (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 where the testator was domiciled when he signed his will or when he died. Many non- UPC states have similar statutes.
