Terrioriality

Question 0

What is the last act necessary for the following
Torts
Contract
Property - real and chattels
Family law

Answer 0

Tort - where injury occurred
Contract - place of acceptance
Property
a. land transfers - law of the situs - where situated
b. movable property inter vivos transfers - situs
c. movable property by will or bequest - decedents domicile
Family law - domicile

Question 1

Basic Principle of Territoriality

Answer 1

Apply the law where the incident occurred

Where the Last Act Necessary to the cause of action

determined by the substantive law of the cause of action

Question 2

Procedural Issue

Answer 2

Always apply the forum law for procedural issues

Question 3

New York and The Traditional Approach

Answer 3

NY has significantly modified the traditional approach
particularly for torts and contracts
less so for property and family law

Question 4

Torts Interest Analysis

Answer 4

Look at different states laws
identify policy served
determine if policy is furthered

Question 5

Conduct Regulating Rules

Answer 5

Conduct Regulating - designed to effect behavior.

State is interested if tort occurs in that state

Question 6

Loss Allocating Rule

Answer 6

Who bears loss when wrong conduct occurs

State is interested in applying loss allocating rules to help their domiciliaries

Question 7

Domicile for Persons and corporations

Answer 7

person - where person lives

corporation - where principle place of business is located

Question 8

False Conflict

Answer 8

only one state interested - no conflict

apply law of the only interested state

Question 9

True Conflict

Answer 9

both states interested in applying law

NY will apply law with greater interest

Tie breaker - where greater contacts took place

Question 10

Unprovided for Case

Answer 10

Neither state interested - neither state law benefits resident

look for additional contact to determine what law applies

Question 11

Contracts Case Approach

Answer 11

Absence of a valid choice of law clause, contracts cases are goverened by the center of gravity approach

Question 12

Center of Gravity factors

Answer 12

place of contracting
place of subject matter
place of negotiation
place of performance
domicile of contracted parties
determine which state has an interest
NY has an interest in its status as a major financial center in contracts among corporations

Question 13

Insurance Contracts

Answer 13

law of place of origin applies always

Question 14

interest analysis in NY - Conduct regulating rules

Answer 14

have a territorial focus. states have an interest in applying its conduct regulating rules if he incident occurred in that state

Question 15

Loss Allocating Rules in tort action applies what set of rules

Answer 15

Neumeier Rules

Question 16

Neumeier Rules

Answer 16

1. Common Domicile - apply law of shared domicile
2. Different States each state law favors its domiciliary, accident occurred in one of those states - apply law of place of tort
   * if NY resident dies and state law limits recovery, NY law applies
3. different states - incident occurred in another state, apply law of the incident

Question 17

Summary of Tort Bar Exam Response

Answer 17

1. There is a choice of law question because it is a substantive issue
2. name states to choose from
3. state the cause of action - this is a tort
4. Identify kind of rule - loss allocating or conduct regulating
5. apply analysis to rule
   a. conduct regulating - interest analysis
   b. loss allocating rule - identify which neumeier rule

Question 18

Contracts - Express Choice of Law Clause

Answer 18

are valid for matters in parties contractual capacity

law must have a reasonable relation to contract
does not violate NY public policy