3. Choice of Law - Substantive Law Flashcards Preview

MEE - Conflict of Laws > 3. Choice of Law - Substantive Law > Flashcards

Flashcards in 3. Choice of Law - Substantive Law Deck (14):
1

Which approach is unchanged based on the substantive law at issue?

Approach 2: Interest Analysis

2

Torts

Under first restatement (vested rights), what law applies?

 

Law of the place where the injury occurred

3

Torts

Under second restatement (MSR), what connecting facts do we consider?

 

1. Place of injury (usually governs)

2. Place of conduct causing injury

3. Where parties are at home

4. Where is their relationship, if any, based?

4

Torts

Under second restatement (MSR), what policy principles do we consider?

 

1. Tort policies of forum state

2. Tort policies of connecting state

5

Contracts

What is the effect of a choice of law provision in a contract?

It generally governs and replaces the court's job

6

Contracts

In what two instances will a choice of law provision be held to be invalid?

1. Law selected has no reasonable relationship to the contract

(e.g. contract entered into and performed in X, choice of law is a foreign country)

2. Provision was included without true mutal assent

(e.g. D misled P about what the law of a particular jurisdiction was)

7

Contracts

Under first restatement, what are the two possible contractual issues and what law applies to both?

1. Issue is formation (place of execution)

2. Issue is performance (place of performance)

8

Contracts

Under second restatement (MSR), what connecting facts do we consider?

1. Place of contracting

2. Place of negotiations

3. Place of performance

9

Contracts

Under second restatement (MSR), what policy principles do we consider?

1. Policy of forum state

2. Policy of connected states

 

10

Property

For property questions, does the approach matter?

No, the rules are the same

11

Property

What are the two types of property and what law applies?

 

Real Property

Law of the situs (where property is)

Personal Property

- Law of situs if transferor is alive

- Law of the decedent's domicile at death if passing by will

12

Family Law

What is the one prerequisite for a marriage to be valid everywhere?

It must be valid where performed

13

Family Law

What is the one exception to the rule that a marriage is valid everywhere if valid where performed?

If state A domiciliaries temporarily relocate to state B to perform a marriage which violates a prohibitory rule in their home state, their home state may not recognise it

 

e.g. bigamy or intrafamily marriage illegal in A but legal in B

14

Family Law

What law applies to divorce?

The forum will apply its own divorce laws