Domicile and Constitutional Limitations on Choice of Law

Question 1

How is a domicile acquired by choice?

Answer 1

1. Abandon previous domicile
2. Establish presence in physical domicile
3. Intend to remain for indefinite time

Question 2

How does someone show intent to remain for indefinite time?

Answer 2

1. Actions + statements taken as a whole

2. Relevant facts - (a) owning real estate, (b) voting, (c) registering vehicle

Question 3

How is a domicile acquired by law?

Answer 3

1. People who don’t have legal capacity to choose domicile

2. Children take domicile of parents

Question 4

Where is a child domiciled if its parents are in different states?

Answer 4

Take the domicile of the custodial parent

Question 5

What is the most significant Constitutional limitation on a state applying its own substantive law to a case?

Answer 5

State can only apply own substantive law if (a) significant contact / aggregation of contacts make applying its law not (b) arbitrary or fundamentally unfair

Question 6

When is a state allowed to apply its own procedural laws?

Answer 6

States can apply their own procedural law to any issue traditionally viewed as procedural

Question 7

What is a Constitutional limitation on states refusing to entertain claims under other state laws?

Answer 7

Can’t refuse to entertain claims just because they are claims under foreign state laws