Rules

Question 1

Under the ____ approach, it is presumed that the forum state will apply its own law, but the parties may request that another state’s law be applied.

Answer 1

Governmental-Interest

Question 2

When will a court enforce a contractual choice of law agreement?

Answer 2

(1) A valid agreement with an effective choice of law clause
(2) Applicable to the lawsuit under the terms of the contract
(3) Reasonably related to the lawsuit, and
(4) Does not violate the public policy of the forum state or another interested state

Question 3

Under the ____ the court looks to the location where the last liable event took place to determine choice of law

Answer 3

vested rights approach

Question 4

T/F: Under the doctrine of revoi, a forum court that is applying the law of another state must also apply that foreign state’s conflict of law rules

Answer 4

True

Question 5

Under Klaxon in a federal diversity case, the federal district court is generally required to apply the conflict of law rules ____, only to the extent that the state’s rules are valid under the Full Faith and Credit and Due Process Clauses of the Constitution

Answer 5

the state in which it sits

Question 6

How does a court determine an individual’s domicile?

Answer 6

Domicile is determined by:
(1) A person’s actual physical presence in a location, and
(2) the persons intent to make the location his home for the time being

Question 7

T/F: Under the depecage approach, the law of one state may govern one or more particular issues while other issues are controlled by the law of one or more other states

Answer 7

True

Question 8

Under the Due Process Clause of the Fourteenth Amendment, a forum state may apply its own law to a particular case if it has ____ with the state such that a choice of law is neither arbitrary nor fundamentally unfair

Answer 8

significant contact(s)

Question 9

Questions of law relating to the grounds for divorce and personal property are controlled by the law of ____ in a divorce matter

Answer 9

the plaintiff’s domicile

Question 10

Under the most-significant-relationship approach, what are the four important contacts the court considers?

Answer 10

(1) place of injury
(2) place where conduct causing the injury occurred
(3) domicile, residence, place of incorporation, or place of business of the parties
(4) place where the relationship is centered

Question 11

Divorce decrees from other states are entitled to full faith and credit as long as the original state had ____ to enter the decree and the decree is ____ in the original state

Answer 11

jurisdiction; valid

Question 12

T/F: For transactions governed by the UCC when the debtor and the collateral are located in different states, the law of the state where the debtor is located determines perfection, the effect of perfection or non-perfection, and the priority of that security interest if the security interest is a possessory security interest

Answer 12

False
If the security interest is a possessory security interest, then the law of the state where the collateral is located determines perfection, the effect of perfection or non-perfection, and the priority of that security interest

Question 13

What are three arguments generally made against the application of foreign law?

Answer 13

That the law is:
(1) procedural rather than substantive
(2) against public policy
(3) a penal law

Question 14

T/F: Under Erie, in diversity jurisdiction cases, the federal court must apply both the procedural law and substantive law of the state where the court sits

Answer 14

False
Under the Erie doctrine, in diversity cases, federal courts must apply the substantive law of the state where the court sits.

The Erie doctrine does not require that the state’s procedural laws must be applied, and if a FRCP addresses the issue at hand then that rule will be applied.

Question 15

Under the Restatement (Second) approach, land contracts are controlled by the law of the state that is ____

Answer 15

the situs of the land

Question 16

In the absence of a stipulation regarding the applicable governing law under the UCC, what law applies to the transaction?

Answer 16

The forum state will apply its version of the UCC to transactions bearing an appropriate relation to the forum state

Question 17

What are the seven policy principles under the most-significant relationship approach to choice of law?

Answer 17

(1) The needs of the interstate or international system
(2) The relevant policies of the forum
(3) The policies of the interested state
(4) The parties’ expectations
(5) The policies underlying the substantive areas of law
(6) Certainty, predictability, uniformity
(7) The ease of future application

Question 18

T/F: Worker’s compensation matters are governed by the state in which the employee was hired or fired

Answer 18

False
Any state with a legitimate interest in an injury and its consequences may apply its worker’s compensation act.

In general, a state will have a legitimate interest if it is the state where:
(1) the employment relationship was entered into by the worker and the employer
(2) the injury to the employee occurred
(3) the employment relationship principally occurred
(4) the employee or the employee’s dependents reside

Question 19

Under the UCC, for issues involving corporate securities, the law of the ____ generally controls

Answer 19

issuer’s state of incorporation

Question 20

Under the vested rights approach to contract disputes, the laws of ____ determines the validity, defenses to formation, and interpretation of the contract, whereas the details of performance are governed by the laws of ____

Answer 20

the location where the contract was executed; the location where the contract was to be performed

Question 21

Questions regarding the transfer of property from someone who dies intestate are governed by ____, but questions regarding the transfer of real property from someone who dies intestate or who has a will are governed by ____

Answer 21

the law of the decedent’s domicile at the time of death; the law of the situs of the real property

Question 22

For matters of perfection, the effect of perfection or non-perfection, and the priority of security interest in tangible collateral, the law of the state in which ____ is located generally govern

Answer 22

the debtor

Question 23

What three requirements must be met in order for a judgment to meet the full faith and credit requirements?

Answer 23

(1) valid, meaning it was brought in the proper jurisdiction
(2) final, with no appeals outstanding
(3) on the merits