Domicile

Question 1

Types of domicile by operation of law

Answer 1

when a person lacks the legal capacity to choose a domicile

Question 2

Minors

Answer 2

minor has same domicile as the parent with whom she lives

Question 3

Domicile of origin

Answer 3

domicile of parent at time of birth

Question 4

child of married parents

Answer 4

has domicile of father

Question 5

child of unmarried parents

Answer 5

domicle of mother

Question 6

if divorced parent

Answer 6

parent awarded custody

Question 7

if child abandoned by 1 parent

Answer 7

domicileof non-abandoned parent

Question 8

if both abandoned

Answer 8

by last parent who abandoned

Question 9

if simultanesouly

Answer 9

domicile offather at time of abandonment

Question 10

adopted minor

Answer 10

of adoptive parents

Question 11

emancipated minor

Answer 11

domicile of individual child

Question 12

Incompetent

Answer 12

retains domicle had immediately prior to the incompetency

Question 13

married persons

Answer 13

wife living w/ husband = domicile of husband
wife living apart = domicile of choice (no longer true)

Question 14

corp. domiciled?

Answer 14

state of incorp.

Question 15

domicile by choice

Answer 15

if indiviual has legal capacity to change domicile, that domicile will be in state chosen (looks at individuals intent to remain and be domiciled)

Question 16

person retains domicile by choice

Answer 16

until that person satisifes domcile requ. elsewhere

Question 17

domicile by choice elemens

Answer 17

1. legal capacity
2. physical presence = even for a moment is sufficient as long as requisite intent is there
3. domicile of person having 2 dwelling places = earlier dwelling unless there’s a principle place of dwelling (where person and family spend greater part of time)
4. intent to be domiciled = make that plave home at least for time being (motive for change of domicile is irrelevant)

Question 18

changing domiciles

Answer 18

at origins remains until changed either by operation of law or by choice

Question 19

minors by operation of law

Answer 19

minors domicile changes with parents until child reaches 18

Question 20

minors by choice of law

Answer 20

requires legal capacity + physical presence in new domicile and intent

Question 21

what law to determine?

Answer 21

forum uses own law to determine: (when a party domicile is necessary to confer jurisdiction upon forum, ex. forum doesn’t have jurisdiction unless one of the parties is domiciled w/i terriroty to permit divorve)

Question 22

what law to determine necessary

Answer 22

fact necessary for forum to apply its local law

Question 23

domicile is necessary power of courts?

Answer 23

statute of the forum authorizes srvice upon domiciliary of the forum outside of the forum