Domicile & Limits on Choice of Law Flashcards
1
Q
Domicile of Individuals
A
Only one domicile.
1) by choice
or
2) by law
2
Q
Domicile of Choice
A
1) physical presence
2) intent to be domiciled there
3
Q
Domicile by Operation of Law
A
1) Children - same as custodial parents
2) Incompetents - retain domicile of parents or of previous choice when not incompetent
4
Q
Domicile of Corporations
A
Where its state of incorporation is
5
Q
Constitutional Limitations on Choice of Law
A
if the forum state has any significant contacts with the parties or subject matter then it has a legitimate interest in regulating the outcome of the litigation.
6
Q
Statutory Limitations on Choice of Law
A
states may have borrowing statutes, UCC choice of law that direct what law to apply
