General Topics Flashcards
1
Q
Three Issues in Conflicts of Law
A
- Choice of Law
- Recognition and Enforcement of Judgments
- Choice of Forum (issues of jurisdiction and venue resolved by FRCP)
2
Q
Domicile
A
- The state to which one is primarily connected. Each person must have one and only one domicile; the acquisition of a new domicile extinguishes a former domicile.
- But remember that a married couple can have separate domiciles.
3
Q
Domicile by Operation of Law
A
- Minors –> a minor’s domicile is the same as their parents (if parents are divorced, minor’s domicile is the domicile with the parent with whom they live)
- Incompetence –> persons judged incompetent will retain the domicile they had prior to their insanity or incompetence
4
Q
Domicile by Choice
A
In general, an independent person’s domicile is determined by the coincidence of two elements:
- the person’s physical presence in a state; and
- the person’s intent to remain indefinitely
5
Q
Person Asserting Change in Domicile
A
Must prove:
- a change in residence to a new state
- an intent to make this new state their permanent residence
6
Q
Proving Intent to Change Domiciles (Factors)
A
Include:
- owning real estate
- voting
- paying taxes to the state or a town
- having a bank account; and
- registering an automobile in the state
7
Q
Distinguishing Between Procedural Rules from Substantive Rules
A
In both federal and state courts, the procedural rules to be applied are the procedural rules of the forum.
8
Q
Procedural Rule
A
Rights inside the court are generally considered procedural.
9
Q
Substantive Rule
A
Right or obligation outside of court
10
Q
Things that are Usually Treated as Procedural Rules
A
- Rules of Evidence (unless they are outcome determinative)
- BOP
- Rebuttable Presumptions
11
Q
Things that are Usually Treated as Substantive Rules
A
- Conclusive presumptions
- Parol Evidence Rule
- Statute of Frauds
