Conflicts of Law

Question 1

Choice of law:Traditional Vested Rights Approach

Answer 1

The law of the state where the transaction or event occurred is applied.For a tort action: The applicable law is that of the place of the wrong or injury.Priority: Medium

Question 2

Choice of Law:Most Significant Relationship Approach

Answer 2

The laws of the state having the most significant relationship to the transaction and the parties will govern the action.Priority: HIGH

Question 3

Choice of Law:Interest Analysis Approach

Answer 3

The court weighs the interests of the states involved.To determine which state has a greater interest in having its law applied a court will examine:* Each state’s connections to the parties and events of the action.* The difference between the state laws.* The underlying policies behind the state laws.* The law applied to the facts.Priority: HIGH

Question 4

What factors will a court consider for a Tort Action under the Most Significant Relationship Approach?

Answer 4

1. Where the injury occurred;2. Where the conduct causing the injury occurred;3. The domicile, residence, incorporation, and place of business of the parties; AND4. Where the relationship between the parties is centered.The laws of the state having the most significant relationship to the occurrence and the parties will govern the action.Priority: Low

Question 5

Contractual Choice of Law:For matters of contract validity, when may the parties choose which state’s law applies?

Answer 5

1. If a state has some connection with the contract;2. The contract has not been entered into under fraud, duress, or mistake; AND3. The choice of law isn’t contrary to a substantial policy interest of another state that has more of a significant interest in the matter.Priority: HIGH

Question 6

What factors will a court consider for a Contract Action under the Most Significant Relationship Approach?

Answer 6

1. The place of contracting;2. The place of negotiation of the contract;3. The place of performance;4. The location of the subject matter of the contract; AND5. The domicile, residence, nationality, place of incorporation, and place of business of the parties.*Factors are weighed according to relevance.Priority: HIGH

Question 7

In determining the enforceability of a Premarital Agreement, what law is applied?

Answer 7

• The state where the agreement was executed; OR* The state having the most significant relationship to the transaction and the parties.(Where the agreement was signed, where the parties were married, where they are currently living, where the parties’ assets are, and where children were born)*Most states apply the Most Significant Relationship Approach.Priority: Low

Question 8

What is the situs rule for Real Property actions?

Answer 8

That the laws of the state where the real property is located will generally govern (i.e. cases involving the title or a contract for the sale of real property).*States have a strong interest in actions that affect real property within their state.Priority: Low

Question 9

What are the three Real Property conflict of laws tests?

Answer 9

1. 1st Restatement – Situs rule – the laws of the state where the real property is located will govern.2. 2nd Restatement – The state with the Most Significant Relationship to the property will govern. The situs state is presumed to have the most significant relationship.3. Interest Analysis Test – Situs rule will apply UNLESS another state has a greater interest in having their law applied.*Apply the test that has been adopted by the jurisdiction.Priority: Low

Question 10

When Real Property is incidental to a contract, what tests are used to determine the applicable law?

Answer 10

Apply the conflict of laws principles for Contracts.Priority: Low

Question 11

In a will, can a decedent designate a particular state’s law to be applied for matters of construction?

Answer 11

Yes, BUT the validity and effect of a will is ALWAYS determined by the law of the situs state.Priority: HIGH

Question 12

What is the Erie doctrine?When does it apply?

Answer 12

Under the Erie doctrine, a federal court sitting in diversity will apply its own federal procedural laws, but MUST apply state substantive law.When a federal case is brought under diversity of citizenship jurisdiction.Priority: HIGH

Question 13

Procedural laws vs. Substantive laws

Answer 13

Procedural laws: Civil procedure rules, burden of proof, AND rebuttable presumptions.Substantive laws: Elements of claim/defense, choice of law rules, statute of frauds, irrebuttable presumptions, damages, statute of limitations, preclusion law.Priority: HIGH

Question 14

When is a judgment entitled to full faith and credit?

Answer 14

When:1. The rendering court had jurisdiction (personal & subject matter);2. The case was decided on the merits; AND3. The Judgment was final.Priority: Low

Question 15

A marriage that is valid where formed is valid everywhere, unless what?

Answer 15

It violates a strong public policy of another state that has the most significant relationship to the spouses and the marriage.*Most states will honor a valid common law marriage established in another state.Priority: HIGH

Question 16

In a matrimonial action involving economic or child custody issues, what must a court have for the judgment to be entitled to full faith and credit in other states?

Answer 16

Personal Jurisdiction over the defendant spouse.Priority: HIGH

Question 17

Under the Parental Kidnapping Prevention Act (PKPA), states must give full faith and credit to child custody decrees of other states when what occurs?

Answer 17

1. The issuing court had jurisdiction under the laws of the state; AND2. The assertion of jurisdiction by that court was consistent with the jurisdictional requirements of PKPA.Priority: HIGH