NY BAR REVIEW CONFLICT OF LAWS 1

Question 1

ny courts will apply what law?

Answer 1

ny law

Question 2

nc courts will apply what law?

Answer 2

nc law

Question 3

dispute touches several states

Answer 3

jurisdiction over the defendant in more than one state. plaintiff has enormous power by deciding which jurisdiction will govern the lawsuit

Question 4

when either states can have jurisdiction

Answer 4

race to the courthouse - not useful system

Question 5

ny court may apply which law?

Answer 5

ny law or law of different state - dependent on the standards listed

Question 6

tort case jurisdiction

Answer 6

in past - where did the injury occur - state

Question 7

contract case jurisdiction

Answer 7

in past - where the contract was made/created - state

Question 8

interest analysis or governmental interest analysis

Answer 8

which law governs a multistate matter

Question 9

define interest analysis or governmental interest analysis

Answer 9

what interest do they have to have their law applied to this dispute

Question 10

first thing to determine in a conflict of laws is determine ___________?

Answer 10

whether the law is different in the 2 states. if same, no need for conflict of law analysis.

Question 11

for ny tort law, use ________ to determine which of 2 competing jurisdictions has the greater interest in having its law applied

Answer 11

interest analysis

Question 12

what is interest analysis

Answer 12

what are the significant contacts.
which jurisdiction are they located.
what is the purpose of the law at issue, to regulate conduct or allocate loss

Question 13

conduct regulating rules govern what

Answer 13

conduct to prevent injuries from occuring

Question 14

loss allocating rules do what

Answer 14

prohibit assign or limit liability aftr tort occurs

Question 15

if conflicting conduct regulating laws are at issue, which jurisdiction has the greatest interest in regulating conduct within its borders

Answer 15

where the tort occured

Question 16

if conflicting loss allocating rules are at issue, what main factor is taken into consideration

Answer 16

the parties’ domicile

Question 17

3 rules that apply to loss allocation cases / NEUMEIR

Answer 17

1. parties to lawsuit share common domicile, its loss allocation rule will apply.
2. parties domiciled in diff stts and local law favors respective domiciliary, def’s conduct occurred in stte of his domicile and that stte wouldnt impose liability, def SHOULDNT be exposed to liability under law of victim’s domicile.
   when pl is injured in place of his domicile and would be entitled to recover, def should be unable to interpose the law of his domicile to defeat recovery.
3. governing law will mostly be that of the place where incident occured, UNLESS displacing this rule will ADVANCE the relevant substantive law purposes w/o impairing smooth working of multistate system or producing great uncertainty for litigants.

Question 18

ny contracts

Answer 18

center of gravity / grouping of contacts.
spectrum of significant contacts.
which state has most significant contacts to particular contract dispute.

Question 19

what is significant contacts

Answer 19

place of contracting, negotiation and performance.
location of subject matter of contract.
domicile / place of business of contracting parties.

Question 20

when policies underlying conflicting laws in contract dispute are readily identifiable and reflect strong govtl interests

Answer 20

those govtl interests may be considered

Question 21

wills that dispose of real property / manner in which such property descends in intestacy, which law applies

Answer 21

where the real propr is located governs

Question 22

wills that dispose of personal property / manner in which such property devolves in intestacy, which law applies

Answer 22

the law of the jurisdiction where decedent was domiciled at death

Question 23

whether property is real or personal?

Answer 23

law of state where asset is located

Question 24

a will is formally valid and admissible to probate in NY if was

Answer 24

in writing.
signed by testator.
executed and attested in accordance w local law of NY or jurisdiction in which will was executed at time of execution,
or jurisdiction where testator was domiciled at time of execution,
or jurisdiction where testator was domiciled at time of death.

Question 25

procedural or substantive?

Answer 25

when NY is the forum state, its own law normally determines whether foreign law is

Question 26

foreign law’s designation of the rule as procedural or substantive is

Answer 26

NOT dispositive

Question 27

under NY choice of law rules, if foreign law is determined to be procedural, NY courts will

Answer 27

NOT apply it, bc procedural laws are governed by law of forum.

Question 28

if foreign law is determined to be substantive, NY cts will

Answer 28

apply it

Question 29

if a time limit is a substantive law of another state, NY cts will

Answer 29

apply time limit of the other state

Question 30

if a time limit is a procedural law of another state, NY cts will

Answer 30

apply its own procedural rule

Question 31

determine whether foreign state time limit is substantive or procedural

Answer 31

NY ct will apply NY choice of law principles

Question 32

substantive law that imposes a time limit is

Answer 32

statute of repose

Question 33

time limit as procedural rule is

Answer 33

statute of limitations

Question 34

what is a statute of repose

Answer 34

blocks cause of action before accrual

Question 35

what is a statute of limitations

Answer 35

prevents a pl from delaying an action to detriment of potential def

Question 36

if statute creates cause of action and integrates into it time limit to bring action, so as to qualify the right, time limit is

Answer 36

an ingredient of cause of action and thus a substantive rule

Question 37

conflict bw foreign legislation and NY public policy, which prevails

Answer 37

NY public policy

Question 38

statute or rule of another state that gives courts of that state exclusive jurisdiction over certain cases, does not what

Answer 38

divest NY cts of jurisdiction

Question 39

the public policy exception permits cts to

Answer 39

refuse to enforce otherwise applicable foreign law that would violate some fundamental principle of justice, prevalent conception of good morals, or deep rooted tradition of common weal (well being)