Quiz Flashcards
Under the Erie doctrine, a federal court sitting in diversity will apply [blank’s blank blank blank blanks], and must apply [what type of] substantive law.
it’s own federal procedural laws
state
When no controlling state case law is available to the federal court for guidance, what must the court do?
the court must predict how the state’s highest court would rule on the issue
A federal court sitting in diversity must apply the forum state’s ______ __ ___ rules to determine the applicable substantive law in the action and must apply that law [how]?
choice of law
as the state court would
Federal law will apply for matters governed by the U.S. Constitution, [what else], or valid federal law that [what].
laws passed by Congress
preempts state law under the Supremacy Clause.
A divorce validly granted in one state is entitled to [what] in all other states.
full faith and credit
In a matrimonial action involving __________ or child custody/support issues, the court must have [what type of] jurisdiction over the ____________-_________ for the judgment to be entitled to full faith and credit in other states.
economic
personal
defendant-spouse
The validity of a marriage will be determined by the law of the state that has the [blank blank blank] to the [blank]?
most significant relationship
spouses
A marriage that is valid where ______ is valid everywhere unless it:
(1) violates the strong _________ ________ of another state that has the most significant relationship to the _________ and the __________.
formed
public policy
spouses
marriage
Most states will honor a ______ common law marriage established in another state (even if not recognized within the state).
Once established, a common law marriage is equivalent to a ___________ __________.
A court may refuse to honor a common law marriage when the spouses and the marriage have limited _________ with the state where the common law marriage was allegedly established.
valid
ceremonial marriage
contacts
Under the Restatement (Second) of Conflict of Laws, the laws of the state having [what type of relationship] will govern the action.
the most significant relationship to the transaction and the parties
Under the ______________ __________ _____________ approach, the court weighs the interests of the states involved.
governmental interest analysis
Parties to a contract are free to choose a particular state’s law to be applied for matters of contract _____________.
construction
The parties may only choose which state’s law applies if:
(1) the state has some ___________ with the contract;
(2) the contract has not been entered into under fraud, duress, or _________; and
(3) the choice of law isn’t contrary to a ____________ policy interest of another state that has more of a __________ ________ in the ______.
connection
mistake
substantial
significant interest
matter
Under the traditional ________ ________ approach, the law of the state in which the ___________ or _______ occurred is applied.
vested rights
transaction or event
Transaction or event means the place of the _______ or injury, where the contract was __________ or is to be ___________, or where the real property is __________.
wrong
formed
performed
located
