My CoL Flashcards
Domicile of Individuals
Indiv. can have only one domicile at a time
1) Domicile by Choice
2) Domicile by Operation of Law
Domicile by Choice
Where person is 1) present with 2) the intent to remain for an unlimited time
Physical Presence
Actual Physical presence is required
Intent to Remain
must be a demonstration of intent - ie: ownership of real property, voting, payment of taxes, registration of auto, bank account
Domicile by Operation of Law
No legal capacity to choose domicile
1) Infants - custodial parent’s domicile
2) Incompetents - parent’s domicile or if person chose a domicile while competent, that domicile will remain
Continuity of Domicile
Domicile is presumed to continue until a change occurs; burden of showing change is on party that asserts it
Approaches to CoL
1) Vested Rights approach - Rest. 1
2) “Most significant relationship” approach - Rest. 2
3) Gov. Interest approach
4) COL in Fed Diversity cases
5) Dépeçage
6) Renvoi
Vested Rights approach
Conrolling law = jurisdiction where parties’ rights were vested (ie: where the act or relationship that gave rise to the cause of action occurred)
First step - characterize issue - procedural or substantive, then what area of law (torts, K, prop, etc..)
^ is done b/c each area of law differs w/ respect to each approach
“Most Signficant relationship” Approach
most significant relationship to the issue in question
1) isolate precise legal issue that results in conflict;
2) identify the policy objectives that each states’ laws seeks to achieve wrt to that issue;
3) determin each state’s interest in view of its policy objectives, concluding which state has a superior connection
Dépeçage
an approach that allows the law of one state to govern on or more issues while other issues are controlled by the law of one or more other states
Renvoi
Generally rejected w/ the exception of Fed Tort Claims Act
- Requires that a forum court that is applying the law of another state must apply the COL rules of that state as well
Torts
1) VR - law of place where last event necessary to make actor liable for the tort
2) MSR - Default = place of inury unless another state has a more significant relationship to the parties in the tort - Court considers - i) place of injury; ii) place where conduct causing injury occurred; iii) domicile, residence, place of inc., or place of biz of parties; and iv) place where relationship is centered
Contracts
1) Express COL provision - controls unless public policy, no reasonable basis for parties’ choice, or fraud/mistake
2) VR - where executed and where performed - executed: validity, defenses to formation, interpretation
- place of performance: time and manner of perf., person obligated to perform and person entitled to perf., sufficiency of perf., excuse of nonperf.
3) MSR Default rules:
i) land k - situs of land;
ii) personalty k - state where delivery occurs;
iii) life insurance k - insured’s domicile;
iv) casualty ins. k - state where insured risk is located
v) loans - where repayment is req’d
vi) suretyship k - state governing principal obligation
vii) transportation k - law of state of departure
Defenses against Application of Foreign Law
1) “Its a procedural law” - forum’s laws of procedure always govern
2) “Law is against public policy” - if foreign law is against public policy of forum state then court may not apply
3) “Its a penal law” - forum state will not enforce another state’s penal laws
Due Process Limitation on COL
Forum state may apply its own law to a particular case only if it has a significant contact or significant aggregation of contacts w/ the state, such that a choice of its law is neither arbitrary nor fundamentally unfair.
