general Flashcards
conflict of laws default rule & exception
Lex Fori “the law of the forum in which the action is brought controls”
BUT when conflicting substantive laws would actually lead to different outcomes and the parties cant decide which substantive law would apply, we look at choice of law rules
conflict of law theories
Traditional Approach
- where the t/o occurred
Most Significant Relationship Test (between transaction and parties)
Governmental Interest Analysis
3 step test:
1) If one state has an interest —> apply its policy,
If it doesn’t —> the court should apply the law of the interested state
2) If there is an apparent conflict between the
interests of two states, the court should look for a more moderate/restrained interpretation to avoid the conflict.
3) If there is still a conflict, the law of the forum state applies.
torts COL
o T —> apply state law where wrong/injury occurred
o M —> apply law of state w/ most sig relationship to occurance and parties
- where the injury occurred
- place where conduct causing the injury occurred
- the domicile of the parties
- where the relationship between parties is centered (if any)
BUT If unclear —> apply local law
o G —> apply law of state w/ greater interest
contracts if COL provision present
construction and validity
Contract Construction —> parties free to choose law for validity of contract construction BUT it still has to be valid (See below)
Contract Validity —> partys can choose applicable law ONLY IF
* (1) the state has some connection
* (2) K not made via fraud/duress/mistake
* (3) no substantial policy interest of another state that has a more significant interest
contracts COL if no COL provision
T —> apply law of state where K formed or to be performed
M —> apply law of state w/ most significant relationship
-consider: place of King, negotiation, performance, subject matter, parties domicile/residence/nationality/PoB
G —> apply law of state w/greater interest
contract forum selection clause and transfer of venue
Court will enforce transfer of venue UNLESS special factors present (ex. sig hardship/ inequal bargain power)
COL re: incidental property in a K
law of the situs
if land is incidental to the K, apply COL rules for Ks
COL premarital agreements
To determine enforcability, apply law: (1) where agreement was executed OR (2) that has most sig connection to transaction/parties
NOTE: most states use most significant relationship approach and consider where:
* Agreement was signed
* Parties were married
* Parties lived while married
* Assets located
* Any children born
COL for inheritance
real property –> situs
personal property –> regular domicile rules (presence AND subj. intent to remain)
Erie —> law applied by fed courts in diversity
procedural vs substantive
procedural
- judge/jury allocation
- assessment of atty’s fees
- equitable/legal determinations
- federal rules of procedure & evidence
- rebuttable presumptions
substantive
- choice of law rules
- SOF
- SOL
- irrebuttable presumption
- elements of claim or defense
- burdens of proof
Unclear if S/P?
- federal rule analysis
(1) is it arguably procedural AND (2) does not modify a substantive right? —> Federal
-Erie analysis
(1) is it outcome determinative AND (2) is there no countervailing federal policy interest? (Avoid forum shopping and balancing the totality of interests) —> State
when you cant tell procedural vs substantive
- outcome determinative?
- Forum shopping if we apply the law?
- state/fed which one has the greater interest?
full faith and credit
need all 3
1. proper PJ and SMJ
2. decision on merits
3. final judgment
executors domicile
executors take domicile of their decedent in diversity
recognition of marriage COL
A marriage which is valid under the law of the state where it was contracted will be valid elsewhere unless it violates a strong public policy of the state that has the most significant relationship to the spouses and the marriage
violate PP
- incest
- bigamy
dont violate PP
- blood test reqs
- marriage license
- common law marriage
Jx over divorce vs jx over spousal support and property division
dont need PJ over other spouse for divorce
need PJ over other spouse for SS or PD
Klaxon doctrine
a federal district court sitting in diversity must apply the choice of law approach prevailing in the state in which it sits
COL wills
validity of will
personal property
real property
inheritance
validity of will
- same rules as in wills
personal property
- 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
real property
-postmortem distribution of real property is governed by the law of the situs
inheritance
- decided by the law of the intestate’s domicile at the time of death BUTreal property is the law of the situs
what if your get stuck in a loop?
apply renovi and apply law of forum
traditional approach
Traditional Approach - Apply the law of the state where the transaction or event occured
most significant relationship approach
Most Significant Relationship Test - The most significant relationship to the actual lawsuit and the underlying facts
Studicata factors
- relevant policies of all interested Jxs & the underlying the field of law at issue itself
- uniformity of result
- ease of application of the law to be applied
- U BE FINE factors:
o Uniformity and Predictability
o Basic policies in this area of law
o Ease
o Forum Policies
o Interested Sovereigns’ Policies
o Needs of International and Interstate System
o Expectations
governmental interest analysis
Governmental Interest Analysis - The state w/ the greater interest will have it’s law applied
3 step process
1. If one state has an interest and the other doesn’t —> apply interested state law
2. If conflict between two state’s interests —> courts look for the more moderate/restrained interpretation to avoid conflict
3. If still a conflict —> law of forum applies
Choice of law - statute of limitations & other conflicts between state laws in diversity
For under conflict of laws, SOL is presumed procedural unless something below applies
For Erie, SOL is substantive
States apply their own procedural laws and sometimes apply the substantive law of a foreign jx
Generally, 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.
Exception—borrowing statute: some states have borrowing statutes which indicate that the other state’s statute should be used in certain cases.
Exception—characterization: When a statute of limitations is specific to a particular kind of claim and was created by the law that created the cause of action to which it applies, courts will often characterize the statute of limitations as substantive. (Traditionally, this was applied only when the foreign statute barred an otherwise timely action, not when it extended the time for bringing the action.)
Exception—interest analysis: some states will simply use an interest analysis to resolve choice of law issues, including statute of limitations issues.
