NY BAR REVIEW - conflict of laws 2019

Question 1

tort law what type of analysis?

Answer 1

interest

Question 2

interest analysis

Answer 2

determines which of 2 competing jurisdictions has greater interest in having its law applied.
what are the significant contacts and in which jurisdiction are they located AND whether the purpose of the law at issue to regulate conduct or allocate loss

Question 3

conduct regulating rules govern conduct to prevent what?

Answer 3

injuries from occurring

Question 4

loss alocating rules prohibit / assign / limit liability when?

Answer 4

after tort occurs

Question 5

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

Answer 5

jurisdiction where tort occurred

Question 6

if conflicting loss alocating rules are at issue, other factors are taken into consideration, namely parties’ what?

Answer 6

domicile

Question 7

in NEUMEIER, court of appeals adopted 3 rules that apply to loss allocation cases:

Answer 7

1. when parties to lawsuit share common domicile, loss allocation rule of common domicile will apply.
2. where parties are domiciled in diff states and local law favors respective domiciliary, when def’s conduct occurred in state of his domicile and that state wouldnt impose liability, def shouldnt be exposed to liab under law of victim’s domicile. when pl is injured in place of his domicile and would be entitled to recover, def should generally be unable to interpose law of his domicile to defeat recovery.
3. most of time governing law will be that of place where accident occurred, unless displacing that normally applicable rule will advance relevant substantive law purposes without impairing smooth working of multistate system or producing great uncertainty for litigants

Question 8

courts have applied what to conflict of law questions relating to contracts?

Answer 8

a flexible center of gravity or grouping of contacts inquiry

Question 9

a flexible center of gravity or grouping of contacts inquiry

Answer 9

spectrum of significant contacts is considered in order to determine which state has most significant contacts to particular contract dispute

Question 10

significant contacts involve what?

Answer 10

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

Question 11

when policies underlying conflicting laws in contract dispute are readily identifiable and reflect strong govtl interests, those govtl interests may be what?

Answer 11

considered

Question 12

wills that dispose of real property or manner in which such property descends in intestacy, which law governs?

Answer 12

law of jurisdiction where real property is located

Question 13

in matters relating to wills that dispose of personal property or manner in which such prop devolves in intestacy, which law governs?

Answer 13

law of jurisdiction in which decedent was domiciled at death

Question 14

if issue arises as to whether prop is real or personal, which law is determinative?

Answer 14

law of state where asset is located is determinative

Question 15

when NY is forum state, its own law normally determines whether a foreign law is what?

Answer 15

procedural or substantive and foreign jurisdiction’s designation of rule as procedural or substantive is NOT dispositive

Question 16

under NY choice of law rules, if foreign law is determined to be procedural, NY courts will NOT apply it why?

Answer 16

bc procedural rules are governed by law of forum.

Question 17

under NY choice of law rules, if foreign law is determined to be substantive, NY courts will be required to what?

Answer 17

apply it

Question 18

if a time limit is a substantive law of another state, NY courts should what?

Answer 18

apply the time limit of the other state

Question 19

if a time limit is a procedural rule of another state, NY should apply what?

Answer 19

its own procedural rule

Question 20

NY court will also apply NY choice of law principles to determine what?

Answer 20

whether foreign state time limit is substantive or procedural rule

Question 21

substantive law that imposes time limit may be defined as?

Answer 21

STATUTE OF REPOSE

Question 22

time limit as a procedural rule may be defined as?

Answer 22

STATUTE OF LIMITATIONS

Question 23

statute of repose

Answer 23

blocks cause of action before it may accrue

Question 24

statute of limitations

Answer 24

prevents pl from delaying action to detriment of potential def

Question 25

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

Answer 25

an ingredient of the cause of action and thus a SUBSTANTIVE rule

Question 26

in cases of conflict bw foreign legislation and NY public policy who prevails?

Answer 26

NY public policy

Question 27

a statute or rule of another state that gives courts of that state exclusive jurisdiction over certain cases does NOT divest NY courts of what?

Answer 27

jurisdiction

Question 28

public policy exception permits court to what?

Answer 28

refuse to enforce otherwise applicable foreign law that would violate some fundamental principle of justice, prevalent conception of good morals, deep rooted tradition of common wealth.