Conflicts of law (MEE only)

Question 1

Domicile

Answer 1

Each person only has one. starts where you were born, and acquiring a new one extinguishes the old one

By default, domicile is determined by BOTH: physical presence and intent to remain indefinitely. Person asserting new domicile has burden of proving both.

Question 2

Domicile: special cases (minors and incompetents)

Answer 2

In general, minor is domiciled w parents. If divorced, domiciled where parent they live with is

Incompetents: retain domicile prior to insanity/incompetence

Question 3

Procedural vs substantive rules

Answer 3

In general, procedural rules govern rights INSIDE THE COURT and substantive governs rules OUTSIDE THE COURT.
Specific cases:
- SoL is procedural (except wrongful death rights)
- Rules of evidence are procedural, unless “outcome determinative”
- Burdens of proof are procedural
- Rebuttable presumptions are procedural, mandatory presumptions are substantive
- Parol evidence and statute of frauds are substantive

Question 4

Choice of law approaches (3)

Answer 4

Federal courts exercising DIVERSITY JX will apply the COL rules of the state in which it sits

First restatement - “vested rights”. TRADITIONAL approach
- apply the law of the state where the rights of the parties “vested”.
- in general, means court applies law of the state where the act/relationship giving rise to
the cause of action occurred/was created. usually, place of wrong/injury/contract/property

Second restatement - “most significant relationship” approach. MODERN approach
- court applies law of the state with the most significant relationship to each given issue
- may mean substantive law of different states applies to different issues
- fact-based, multi factor. look at needs of legal systems, relevant state polices/interests,
party expectations, judicial economy

Most recent - “interest analysis” approach. MOST CONTEMPORARY

• apply the law of the state that is MOST LEGITIMATELY INTERESTED IN OUTCOME
• DEFAULT RULE: forum state
• apply another only if forum state has no legit interest in how an issue is resolved
• government interests: citizens of the state involved, property in state involved, etc
• unlike the other two, analysis DOES NOT change based on issue in the case

Question 5

Limitations on choice-of-law approaches

Answer 5

Due process

• COL determination must comply w due process clause.
• connection to chosen state must not be “so tenuous as to be unpredictable/arbitrary”

Public policy
- avoid applying law of another state when offends public policy of forum state

Penal and revenue laws
- always apply forum state