Conflicts of Law (MEE) Flashcards

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1
Q

Domicile of Individuals

A
  • Individuals can only have one domicile at a time
  • Can occur either by choice or by operation of law
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2
Q

Domicile of Individuals: Domicile by Choice

A

Domicile by choice is where the person is actually physically present with the intent to remain for an unlimited time
* Physical presence: Person need not be present for any specific amount of time, so long as time is coupled with intent to remain
* Intent to remain: Can be demonstrated by non-conclusive factors such as ownership of real estate, voting, payment of taxes, having a bank account, registering a car, etc. Presence under compulsion (e.g., prison) will not establish intent to remain.

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3
Q

Domicile of Individuals: Domicile by Operation of Law

A

Domicile by operation of law occurs when an individual does not have legal capacity to choose a domicile
* Infants: Domiciled where custodial parents are domiciled unless emancipated
* Incompetents: Person lacking mental legal capacity to choose a domicile retains parents’ domicile unless person chose a domicile while competent

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4
Q

Domicile of Corporations

A

State in which it is incorporated

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5
Q

Domicile: Continuity and Change of Domicile

A
  • Continuity: Once established, domicile is presumed to continue until new domicile is acquired. Burden of showing change in domicile is on party that asserts it.
  • Change: Person with capacity to change domicile is physically present in place with intent to remain. Physical presence and intent must be at same time.
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6
Q

Choice of Law: Due Process

A

Forum state may apply its own law to a particular case only if it has a significant contact or a significant aggregation of contacts with the state such that a choice of its law is neither arbitrary nor fundamentally unfair

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7
Q

Choice of Law: Full Faith and Credit

A
  • Requires a forum state to apply law of another state when forum state has no contacts with or interest in the controversy but does not prevent forum state from applying its own law when forum has such contacts or interest
  • Does not require a state to apply another state’s law in violation of its own legitimate public policy
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8
Q

Party-Controlled Choice of Law

A

Courts will enforce a contractual COL provision if it is:
* A valid agreement with an effective choice-of-law clause;
* Applicable to lawsuit under terms of contract;
* Reasonably related to lawsuit; and
* Not in violation of public policy of forum state or another interested state

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9
Q

Traditional/Vested Rights Approach (First Restatement)

A
  • Rule: Law that controls is law of jurisdiction where parties’ rights were vested (i.e., location where the last act takes place that is necessary to give the plaintiff a cause of action).
  • First, court will characterize issues in cause of action as either procedural (forum court will apply its own procedural rules) or substantive (forum court must identify substantive area of law)
  • Second, after characterizing issue in cause of action, forum court will determine what forum state’s choice-of-law rules require with regard to characterized issue.
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10
Q

Most-Significant-Relationship Approach (Second Restatement)

A

Rule: Forum court applies law of the state with most significant relationship to issue in question. If there is a tie, forum court will apply forum law.

Three Guiding Principles:
1. Promoting relevant policies of forum and other interested states;
2. Protecting systemic interests (certainty, uniformity, predictability, simplicity)
3. Protecting justified expectations of the parties (applies to planned transactions in contracts, trusts, real property)

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11
Q

Governmental Interest Approach

A

Rule: Presumed that forum state will apply its forum law, but parties may request that another state’s law be applied because that state has a greater interest in the outcome.
* False Conflict: If forum has no interest in the litigation, court appleis law of state that does have an interest.
* True Conflict: If both forum and another state have interest in litigation, forum state reviews its own policies to determine which law should apply. If conflict cannot be resolved, court applies forum state law.

Note: Governmental interest approach has no special rules for particular areas of law. Instead, distinguish between conduct-regulating vs. loss-shifting laws.

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12
Q

Governmental Interest Approach: Conduct-Regulating vs. Loss-Shifting Laws

A
  • Conduct-Regulating: States have an interest in apply conduct-regulating law when wrongful conduct occurs within territory of state, causes injury within territory, or when state domiciliary is injured (regardless of where)
  • Loss-shifting (determines liability): States have an interest in applying loss-shifting law when doing so would benefit a state domiciliary
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13
Q

Governmental Interest Approach: Disinterested Forum

A
  • Forum non conveniens available: Forum state should dismiss case
  • Forum non conveniens not available: Forum state may make its own determination as to which law is better to use, or apply law that most closely matches state law
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14
Q

Conflict of Law: Federal Diversity Cases

A
  • Federal district courts are generally required to apply the COL rules of the state in which it sits (only to the extent that the state’s rules are valid under the Full Faith and Due Process Clause)
  • If a diversity case was transferred from a federal court in another state, first state’s COL rules will be applied
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15
Q

Depecage

A

Approach that allows law of one state to govern one or more issues while other issues are controlled by law of one or more other states

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16
Q

Renvoi

A

When a court applies law of another state, it applies whole law of that state, including state’s COL rules
* Accepting renvoi: Applying other state’s COL rules
* Rejecting renvoi: Ignoring other state’s COL rules

Note: All three approaches reject renvoi, except for issues involving property rights in land, courts generally accept renvoi. In addition, Federal Tort Claims Act requires application of COL rules of place where act or omission took place.

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17
Q

Torts: Vested-Rights Approach

A

Case is governed by law of place where last event necessary to make actor liable for the tort took place (generally the law of the place of injury)

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18
Q

Torts: Most-Significant-Relationship Approach

A

Court will presume place of injury controls unless another state has more significant relationship to parties or tort. Court will consider four important contacts:
* (i) place of the injury,
* (ii) place where conduct causing injury occurred,
* (iii) domicile, residence, place of incorporation, or place of business of parties, and
* (iv) place where relationship is centered.

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19
Q

Contracts: Express Choice of Law Provision

A

If there is an express choice-of-law provision in the contract, then that law will govern unless:
* Contrary to public policy;
* No reasonable basis for parties’ choice; or
* There was fraud or mistake and true consent was not given.

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20
Q

Express COL Provisions: Contract Validity

A

Generally, contract validity cannot be resolved solely by parties’ COL. However, parties can choose law that will apply to contract validity if:
* Chosen state has a substantial relationship to parties or transaction, or
* There is some other reasonable basis for the choice

Note: Choice of law will be ignored if application would be contrary to a fundamental policy of state with most significant relationship to the issue.

21
Q

Contracts: Vested-Rights Approach

A

Applicable law depends on either where contract was executed or where it was to be performed
* Vests in Place of Execution: Validity, defenses to formation, interpretation
* Vests in Place of Performance: Time and manner of performance, person obligated to perform and person entitled to performance, sufficiency of performance, excuse for nonperformance

22
Q

Contracts: Most-Significant-Relationship Approach

A

Generally, when location of negotiation and performance are same, forum court will apply law of that state. Othwerise, following factors are considered, in addition to the three guiding principles:
* Location of contracting, negotiation, and performance;
* Place where contract’s subject matter is located; and
* Location of parties’ domiciles, residences, nationalities, places of incorporation, and places of business.

23
Q

Contracts: Default Rules

A

Generally apply unless another state is found to have more significant relationship with regard to issue:
* Land contracts: Controlled by law of state of situs of land
* Personalty contracts: Controlled by law of state where delivery occurs
* Life-insurance contracts: Controlled by law of state of insured’s domicile
* Casualty insurance contracts: Controlled by law of state where insured risk is located
* Loans: Controlled by law of state where repayment is required
* Suretyship contracts: Controlled by law of state governing principal obligation
* Transportation contracts (covering both persons and goods): Controlled by law of state of departure

24
Q

Property: Immovable (Real) Property

A
  • Immovable property (e.g., land and interest in land) is governed by law of place where property is located, unless governmental-interest approach applies
  • Court applies whole law of state, including state’s COL rules (accept renvoi)

Note: Under most-significant-relationship approach, still consider the three guiding principles.

25
Q

Property: Tangible Personal Property

A

Generally, law of state where tangible personal property is physically located at time of transaction, unless UCC or governmental-interest approach applies.

Note: Under most-significant-relationship approach, still consider the three guiding principles.

26
Q

Property: Secured Transactions

A

Under the UCC, law governing perfection, nonperfection, and priority of security interests in tangible and intangible collateral is generally law of the state in which the debtor is located.

27
Q

Property: Intangible Personal Property

A

Generally, law of state in which intangible was created or transfer was made applies, unless UCC or governmental-interest approach applies.

Note: Under most-significant-relationship approach, still consider the three guiding principles.

28
Q

Property: Trust Property

A
  • Transfers of Trust Property: Governed by general property rules based on type of property
  • Administration of Trust: Governed by law of place where trust is administered
29
Q

Inheritance: Personal Property

A

Intestate and testate succession is governed by law of deceased’s domicile at the time of death

Note: Many states will enforce a COL clause in a will or trust if it was valid under the law of the place where it was made.

30
Q

Inheritance: Real Property

A

Intestate and testate succession is governed by law of situs of real property

Note: Many states will enforce a COL clause in a will or trust if it was valid under the law of the place where it was made.

31
Q

Inheritance: Validity of Will

A

Under UPC, validity is determined under law of place where:
* (i) will was executed, or
* (ii) testator is domiciled, has a place of abode, or is a national at time of death.

32
Q

Corporations: Internal vs. External Affairs

A
  • Internal Affairs (rights and obligations): Governed by law of state of incorporation
  • External Affairs (transactions with third parties): Corporation is treated like a natural person

Note: Under most-significant-relationship approach, courts consider the corporation’s place of incorporation and principal place of business

33
Q

Family Law: Marriage

A

Marriages are valid where they took place and are recognized in all other states.

Exceptions:
* If a marriage violates a particularly strong public policy of the domicile of either party, however, it will be invalid.
* If parties immediately return to state where marriage would have been prohibited and become domiciled there, marriage will be void

34
Q

Family Law: Divorce

A

Questions of law relating to grounds for divorce are controlled by law of plaintiff’s domicile

If there is a premarital agreement:
* Most states apply law of state with most significant relationship to matter at hand
* Some states apply law of state in which premarital agreement was executed

35
Q

Family Law: Legitimacy

A

Governed by law of domicile of parent whose relationship to child is in question

36
Q

Family Law: Adoption

A

Forum court applies its own state law

37
Q

Workers’ Compensation

A
  • Any state with a legitimate interest in an injury and its consequences may apply its WC act
  • Employer and employee may contractually agree to apply a particular state’s law unless doing so would violate public policy of another state with a legitimate interest
  • Double Recovery: Subsequent WC award in another state is barred only if there is “unmistakable language by a state legislature or judiciary” barring such recovery
38
Q

Defenses against Application of Foreign Law

A

Three arguments against application of foreign law (law from another state), that law to be applied is:
* Procedural, rather than substantive;
* Against public policy; or
* A penal law.

39
Q

Defenses: Procedural, Rather Than Substantive

A
  • Forum’s laws of procedure, as determined by forum state’s law, always govern, so long as result is not arbitrary or so unreasonable as to constitute a denial of due process or full faith and credit.
  • Substantive laws regulate people’s behavior outside of court; procedural laws regulate people’s behavior in court
40
Q

Defenses: Law Against Public Policy

A
  • If a foreign law violates public policy of forum state, forum court may refuse to apply that law, unless governmental-interest approach applies
  • Narrow defense: Applies only if enforcement of foreign law would violate forum’s principles of justice or deep-rooted morals or traditions
  • If successful, claim is dismissed without prejudice
  • Can be used to reject foreign cause of action, but not a foreign defense
41
Q

Defenses: Penal Laws

A

A forum state will not enforce another state’s penal laws

42
Q

Recognition of Foreign Judgments: Full Faith and Credit

A

If valid judgment is rendered by court that has jurisdiction over the parties, and parties receive proper notice of action and have a reasonable opportunity to be heard, judgment will receive same effect in other states as it receives in state where it was rendered

43
Q

Full Faith and Credit: Judgments

A

Must:
(i) have been brought in the proper jurisdiction;
* Judgment by a court without jurisdiction is not entitled to FF&C, but only if issue of jurisdiction was not actually litigated in original action

(ii) be final; and

(iii) on the merits
* Includes: judgment after trial, summary judgment, dismissal on the merits, and a default judgment
* Excludes: dismissals for lack of jurisdiction and dismissals without prejudice

44
Q

Recognition of Judgments from Foreign Countries: Comity

A
  • Not subject to Full Faith and Credit clause
  • U.S. courts have discretion to decide whether to recognize foreign country judgments
45
Q

Recognition of Judgments from Foreign Countries: Uniform Foreign Money-Judgments Recognition Act

A
  • Foreign money-judgments: Enforceable in same manner as sister state judgments
  • Foreign non-money judgments: Not covered by statute but usually enforced under comity
46
Q

Recognition of Divorce Judgments

A

Divorce decrees from other states are entitled to full faith and credit as long as original state had jurisdiction to issue decree and decree is valid in original state

47
Q

Recognition of Divorce Judgments: Bilateral Divorce

A

If court has personal jurisdiction over both spouses and at least one spouse is domiciled in the state, divorce judgment will be a valid bilateral divorce and will be entitled to full faith and credit.

48
Q

Recognition of Divorce Judgments: Ex Parte Divorce

A
  • Must adhere to SMJ rules and have PJ over at least one spouse to dissolve plaintiff’s marriage despite lack of PJ over other spouse
  • Court may not issue binding order affecting personal rights of spouses such as property rights, alimony, and child custody unless other spouse not domiciled in state consents
49
Q

Child Custody and Support Decrees

A

Under UCCJEA, a court can make initial custody decisions if it is in the child’s home state, and all other states must give full faith and credit

Can only be modified by a new state if:
* Original state no longer has a significant connection to child or parents; and
* New court meets test for exclusive jurisdiction