Bar Exam Flashcards
Which state’s law will govern with respect to the inheritance of real property in a will?
A The state where the testator was domiciled at death.
B The state where the will was executed.
C The state where the land is located.
D The state where the will is probated.
C The state where the land is located.
The law of the situs (where the land is located) will govern the inheritance of real property, in both the context of wills and intestacy.
Which state’s law will govern the inheritance of personal property in the case of intestacy (i.e., where there is no valid will)?
A The state where the decedent died.
B The state where the decedent was domiciled at death.
C The state where the personal property is located.
D The state where the will is probated.
B The state where the decedent was domiciled at death.
The devolution (transfer) of personal property is ordinarily governed by the law of the decedent’s domicile at the date of death. That rule is virtually always followed in the case of intestacy and is usually followed in cases where there is a valid will.
Under the Erie Doctrine, a federal court sitting in diversity jurisdiction must apply what choice of law approach?
The same approach used by the state courts of the forum state.
Under the Erie Doctrine, a federal court sitting in diversity jurisdiction must employ the same choice of law approach as that used by the state courts of the forum state.
Under the Second Restatement (most significant relationship) approach for choice of law, which of the following is the presumption (or default rule) for most tort cases?
A The law of the place of injury.
B The law of the place where the conduct causing the injury occurred.
C The law of the plaintiff’s domicile.
D The law of the defendant’s domicile.
A The law of the place of injury.
Under the Second Restatement approach, the presumption or default rule is that the law of the place of injury will govern in most tort cases, unless another state can be demonstrated to have a more significant relationship to the litigation at issue.
Under the First Restatement (vested rights) approach for choice of law, which state’s law will govern in most tort cases?
A The law of the forum state.
B The law of the state where the injury occurred.
C The law of the state where the plaintiff is domiciled.
D The law of the state where the defendant is domiciled.
B The law of the state where the injury occurred.
Under the First Restatement (vested rights) approach, the court will choose the law of the state which was the place of the wrong. For almost all torts, the law of the place of the wrong is defined as the place of injury.
The law of the ____________________ generally governs choice of law issues involving real property.
A Actus Reus.
B Terra Fides.
C Terra Contractus.
D Situs.
D Situs.
For questions related to real property, the law of the situs is almost always applied. This is true regardless of the choice of law approach adopted by the forum.
The Second Restatement approach to choice of law is also known as the “_______________” approach. The
First Restatement approach is also known as the “_______________” approach.
The Second Restatement approach to choice of law is also known as the “most significant relationship” approach. The
First Restatement approach is also known as the “vested rights” approach.
Foreign country judgments are not entitled to full faith and credit but are often recognized and enforced in the United States as a matter of _______ .
Comity.
Foreign country judgments are not entitled to full faith and credit but are often recognized and enforced in the United States as a matter of comity (voluntary recognition).
What is the term for a a divorce based on the domicile of only one of the spouses?
Ex parte divorce.
A divorce based on the domicile of only one of the spouses is an ex parte divorce.
Which of the following is a jurisdictional predicate required for a court to issue a valid divorce decree entitled to full faith and credit?
A One of the spouses must be domiciled in the state granting the divorce.
B Both of the spouses must be domiciled in the state granting the divorce.
C Both spouses must be present at the proceedings where the divorce is granted.
D The granting state must have personal jurisdiction over both spouses.
A One of the spouses must be domiciled in the state granting the divorce.
Only one of the spouses must be domiciled in the state granting the divorce in order for the divorce decree to be entitled to full faith and credit.
Both spouses need not be present at the divorce proceedings, and personal jurisdiction over an absent spouse is not required.
The traditional approach is to treat statutes of limitation as ____________________, meaning the forum will typically apply ____________________.
Procedural; its own statute of limitations.
Traditionally, statutes of limitation have been treated as procedural issues, so the forum will apply its own statute of limitations unless an exception applies (e.g., the forum has a borrowing statute).
The modern trend is to treat statutes of limitation as ____________________, meaning the forum will typically apply ____________________.
Substantive; the statute of limitations of the state selected by the forum’s choice of law approach.
The modern trend is to treat statutes of limitation as substantive issues and to apply the statute of limitations of the state chosen by the forum’s choice of law approach.
What is the effect of the Full Faith and Credit Clause of the U.S. Constitution?
The Full Faith and Credit Clause of the U.S. Constitution requires that judgments rendered in one U.S. state be recognized and enforced by all other U.S. states, subject to only a few exceptions.
When is a state court judgment is entitled to full faith and credit?
- ___________
- ___________
- ___________
A state court judgment is entitled to full faith and credit if:
- It is final,
- On the merits, and
- Based on upon a proper assertion of jurisdiction.
