Conflicts of Laws

Question 1

Full Faith and Credit

Answer 1

A state stat must recognize a judgment of other states if:

(1) the rendering court had jurisdiction (PJ and SMJ), (2) the was a valid final judgment (3) on the merits.
- On the merits include: default judgments and consent judgment entered after settlement.

Question 2

Recognition of Marriage

Answer 2

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

Does Violate: Incest and Polygamy

Does no Violate: blood test requirements, marriage license requirements, and common law marriage.

Question 3

Jurisdiction over Divorce

Answer 3

the Supreme Court found that a state could enter a valid divorce decree as long as one spouse was domiciled in that state. Domicile is based on residence with the intent to remain permanently or indefinitely.

Question 4

Jurisdiction over Property Division and Spousal Support

Answer 4

Personal jurisdiction over a divorce defendant is required for the distribution of marital property. A state may not exercise personal jurisdiction over a defendant who does not have “minimum contacts” with the forum state unless the marital property is located within the state.

Question 5

Recognition of Divorce

Answer 5

courts must give full faith and credit to divorce decrees from other states if they had (1) jurisdiction (SMJ and PJ), (2) valid final judgment, and (3) on the merits.

Question 6

Premarital Agreements

Answer 6

states will apply the law of the state where the contract was executed or the state with he most significant relationship to the parties and trasaction.

Question 7

Klaxon Doctrine

Answer 7

A federal court that sits in diversity applies the choice of law approach of the state in which it sits.

Question 8

Change of Venue

Answer 8

a court may transfer a case t any district court which it could have been brought if convince and the interests of justice favor the transfer. If this occurs, the new transferee court must apply the laws of the transferor court.

Question 9

Statute of Limitations

Answer 9

A court will apply its own procedural la even if the substantive laws of the other state are applied to the case. A court applies its own statute of limitations unless the claim would be barred by the law of the state with a more significant relationship to the parties.

Question 10

Exceptions to the Statute of Limitations General Rule

Answer 10

• Characterization: the statute of limitations is characterized as substantive because of it is particular to a specific type of claim and was created by the law to the cause of action to which it applies
• Borrowing Statute: some states have borrowing statutes which indicate that the other states statute should be used in certain cases.
• Interest Analysis: some states will simply use an interest analysis to resolve choice of law issues, including statute of limitations issues.

Question 11

Choice of law clause in a contract claim:

Answer 11

law chosen by the parties will be applied unless:

1. the chosen state has no substantial relationship to the parties or the transaction and there is no other reasonable basis for the parties’ choice; or
2. application of the law of the chosen state would be contrary to a fundamental policy interests of another stat that has has more of a significant interest.

Question 12

Conflicts of Law in Coportations

Answer 12

Structure, and internal matters such as capacity, shareholder’s rights, etc. are determined by → the law of the state of incorporation governs existence,

Rights and liabilities (external matters) are determined by → the state with the most significant relationship.

Question 13

A jurisdiction analyzes a specific tort claim under

Answer 13

the “most significant relationship”

Question 14

The Restatement lists four factors to determine which state has the most significant relationship to the occurrence and the parties:

Answer 14

Picture someone dancing and negligently hitting someone elsein the head with his arm, which happened to cross state lines and cause a tort claim to

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

Question 15

Postmortem Distribution of Real property

Answer 15

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, acontract dispute, and look at which state has the most significant relationship to the property if it makes more sense in the given case.

Question 16

Validity of a will

Answer 16

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.

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.

Question 17

Postmortem Distribution of Personal property:

Answer 17

the postmortem distribution of personal property is governed by the law of the state in which the decedent was domiciled at the time of his death.

Question 18

Inheritance:

Answer 18

Whether a child is entitled to inherit depends on the law of the intestate’s domicile at the time of death. However, this is inapplicable to real property as the law governing real property is the law of the situs.

Question 19

Conflicts of Laws 3 Approaches:

Answer 19

1. Traditional Vested Rights Approach
2. Most significant Relationship Approach
3. Interest Analysis Approach

Question 20

Traditional Vested Rights Approach

Answer 20

apply the law of the state where the traction or even occurred.

Question 21

Most Significant Relationship Approach

Answer 21

apply the law of the state having the most significant relationship to the transaction and the parties

Factors: I cant Dane really

1. place where injury occurred
2. place where conduct causing injury occurred
3. domicile of parties
4. place where the relationship is centered

Question 22

Interests Analysis Approach

Answer 22

The state with the greater interests will be applied.