Conflict of Laws MEE Rules

Question 1

Full faith and credit

Answer 1

A state must recognize final judgements of other states so long as the judgment is on the merits and the other state had jurisdiction.

Question 2

Recognition of marriage

Answer 2

A marriage which was valid under the law of the state where it was contracted will be valid elsewhere unless it violates a strong public policy of the state.

Question 3

Jurisdiction over spousal support

Answer 3

Ct must have jurisdiction over both D and P spouse.

Question 4

Jurisdiction over property division

Answer 4

Ct must have jurisdiction over both D and P spouse.

Question 5

Jurisdiction over divorce

Answer 5

Ct only needs jurisdiction over P spouse.

Question 6

Jurisdiction over property division

Answer 6

Ct must have jurisdiction over both D and P spouse.

Question 7

Change of venue

Answer 7

A ct may transfer a case to any district ct where it could’ve been brought if convenience and the “interest of justice” favor transfer.

Question 8

Statute of limitations

Answer 8

Generally, a ct will apply its own procedural law even if the substantive laws of another state are applied to the case.

SoL is generally considered procedural.

Question 9

Choice of law clause

Answer 9

If a contract specifies the state law that it will be governed by, generally that law will apply.

Unless (1) chosen state has no substantial relationship to parties or transaction and no reasonable basis for choice, or (2) application of the law would be contrary to a fund. policy of a state w/greater interest than chosen state.

Question 10

Corporations

Answer 10

Law governing incorporation governs existence, structure, and internal matters such as capacity, shareholders rights, etc.

External matters (liability, rights) are governed by state w/most sig. relationship

Question 10

Tort claim

Answer 10

Most sig. relationship test. (1) place where injury occurred, (2) place where conduct causing injury occurred, (3) domicile, residence, place of incorp, etc. of parties, and (4) the place where the relationship, if any, between the parties is centered.

Question 11

Real property

Answer 11

A ct generally uses the law of the situs for land.

Question 12

Personal property

Answer 12

Postmortem distribution of real property is governed by the law of the state in which the decedent was domiciled at the time of death.

Question 13

Klaxon doctrine

Answer 13

A federal ct sitting in diversity must apply the choice of law approaching prevailing in the state in which it sits.

Question 13

Inheritance

Answer 13

Whether a child is entitled to inherit depends on the law of the intestate’s domicile at time of death.

Question 14

Jurisdiction over premarital agreements

Answer 14

Some states apply the law of the state where contract was executed, others apply law of state w/most sig. relationship to parties and transaction.