Intro, Domicile, Choice of Law

Question 1

Two ways for person to acquire domicile

Answer 1

1) by choice
2) by law

Question 2

Establishing domicile by choice

Answer 2

1) must ABANDON previous domicile
2) Establish PHYSICAL PRESENCE in chosen domicile
3) INTENT TO REMAIN indefinitely

Relevant facts: owning real estate, voting, paying taxes, setting up bank account, registering vehicle

Question 3

Establishing domicile by law

Answer 3

For people who do NOT have capacity to choose their domicile

–Child takes domicile of CUSTODIAL PARENT

–Emancipated minor can CHOOSE domicile

Question 4

Domicile for corporation

Answer 4

Generally where state is INCORPORATED

But other contacts (e.g. PPOB) can be relevant

Question 5

When does choice of law exist?

Answer 5

Whenever law of one or more jdx arguably applies to the SAME FACTS

Question 6

3 approaches to choice of law

Answer 6

1) Traditional approach (First Restatement)
2) Governmental Interest Analysis
3) Most Significant Relationship Approach (Second Restatement)

Discuss all on exam if not specified!

Question 7

Traditional approach/first restatement choice of law

Answer 7

-TERRITORIAL: states determine legal effects of events within their territory

-when legally significant event occurs, legal right VESTS under the LAWS OF THAT STATE

Rule: Right bests where LAST ACT takes place that provides P with cause of action

Question 8

Governmental interest analysis

Answer 8

A law applies to set of facts if applications would PROMOTE UNDERLYING PURPOSE of law

If a state law applies, state is INTERESTED in that case

Court should NOT balance INTERESTS of different states

Question 9

Government Interest: False conflict

Answer 9

When only one state is truly interested, there is false conflict

Court should apply law of INTERESTED state

Question 10

Government interest: True Conflict

Answer 10

When more than one state is interested

Court should apply law of FORUM STATE

Question 11

Government interest: unprovided-for case

Answer 11

When neither state is interested, court should apply the law of FORUM STATE

Question 11

Conduct-regulating laws vs. loss-shifting laws

Answer 11

Conduct-regulating: designed to regulate conduct

Loss-shifting: determine who can or cannot be liable (immunity, vicarious liability, etc.)

Question 12

When do states have interest in applying conduct-regulating laws?

Answer 12

When wrongful conduct occurs WITHIN THE STATE

Or when state RESIDENT IS INJURED (regardless of where)

Question 13

When do states have interest in applying loss-shifting laws?

Answer 13

When doing so would BENEFIT state resident

Question 14

Most significant relationship (2R) analysis rule

Answer 14

Apply the law of the state with most significant relationship to issue in question

Question 15

Most significant relationship (2R) factors

Answer 15

1) Promoting POLICIES of forum and other interested states

2) Systemic Interests
CUPS:
Certainty
Uniformity
Predictability
Simplicity

3) Protecting JUSTIFIED EXPECTATIONS of parties, but ONLY for PLANNED transactions

Question 16

Significant Relationship: List of contacts

Answer 16

For each type of issue (tort, contract), there is list of contacts that court should consider in applying guiding principles

These are facts connecting the issue to the state

Question 17

Tie breaker if no state has more significant relationship?

Answer 17

Forum law

Question 18

Depeçage

Answer 18

Application of different states’ laws to different issues within same states

Question 19

Renvoi

Answer 19

When court applies law of other state, it applies WHOLE LAW, including that state’s choice-of-law rules

Question 20

Accepting the renvoi

Answer 20

Accepting other state’s choice-of-law rules

Question 21

Rejecting the renvoi

Answer 21

Ignoring the other state’s choice of law rules

Question 22

Do most approaches to choice-of-law accept or reject renvoi?

Answer 22

All three REJECT

UNLESS issue involves property rights in land–then accept the renvoi