Drills Flashcards
Under the ________________ approach, it is presumed that the forum state will apply its own law, but the parties may request that another state’s law be applied.
governmental-interest
Courts will enforce the contractual choice of law agreement if it is:
(1) A valid agreement with an effective _______ ____ ______ clause;
(2) Applicable to the lawsuit under the ______ of the __________;
(3) ____________ related to the lawsuit; and
(4) Does not violate the _________ _________ of the forum state or another interested state
(1) choice of law
(2) terms of the contract
(3) Reasonably
(4) public policy
Under the _________________ the court looks to the location where the last liable event took place to determine choice-of-law.
vested rights approach
TRUE OR FALSE: Under the doctrine of renvoi, a forum court that is applying the law of another state must also apply that foreign state’s conflict-of-law rules.
TRUE
Under Klaxon in a federal diversity case, the federal district court is generally required to apply the conflict-of-laws rules of ___________________, only to the extent that the state’s rules are valid under the Full Faith and Credit and Due Process Clauses of the U.S. Constitution.
the state in which it sits
How does a court determine an individual’s domicile?
Domicile is determined by:
(1) a person’s actual physical presence in a location, and
(2) the person’s intent to make the location his/her home for the time being.
TRUE OR FALSE: Under the dépeçage approach, the law of one state may govern one or more particular issues while other issues are controlled by the law of one or more other states.
TRUE
Under the Due Process Clause of the Fourteenth Amendment, a forum state may apply its own law to a particular case only if it has _______________ with the state such that a choice of its law is neither arbitrary nor fundamentally unfair.
significant contact(s)
Questions of law relating to the grounds for divorce and personal property are controlled by the law of _________________ in a divorce matter.
the plaintiff’s domicile
Under the most-significant-relationship approach, the four important contacts the court considers are the:
(1) place of ________;
(2) place where conduct __________ ___________ occurred;
(3) domicile, residence, place of _____________, or place of business of the parties; and
(4) place where the relationship is ____________.
(1) injury
(2) conduct causing injury
(3) incorporation
(4) centered
Divorce decrees from other states are entitled to full faith and credit as long as the original state had ____________ to enter the decree and the decree is _____________in the original state.
jurisdiction; valid
TRUE OR FALSE: For transactions governed by the UCC when the debtor and the collateral are located in different states, then the law of the state where the debtor is located determines perfection, the effect of perfection or nonperfection, and the priority of that security interest if the security interest is a possessory security interest.
FALSE: If the security interest is a possessory security interest, then the law of the state where the collateral is located determines perfection, the effect of perfection or nonperfection, and the priority of that security interest.
What are three arguments generally made against the application of foreign law?
That the law applied is: (1) ___________ rather than substantive, (2) against ________ _________, or (3) a _______ law.
(1) procedural
(2) public policy
(3) penal
TRUE OR FALSE: Under Erie, in diversity jurisdiction cases, the federal district court must apply both the procedural law and substantive law of the state where the court sits.
FALSE: Under the Erie doctrine, in diversity jurisdiction cases, federal district courts must apply the substantive law of the state where the court sits.
Under the Restatement (Second) approach, land contracts are controlled by the law of the state of __________________.
the situs of the land
