Choice-of-Law Rules for Specific Areas of Law Flashcards
(18 cards)
What is the choice-of-law rule in a Torts action under the Traditional Approach?
Apply the law of the state where the injury occurred.
What does the Modern Approach (Second Restatement) consider in a Tort action?
The policies and interests of the states where:
* the parties are domiciled
* the injury occurred
In wrongful death actions, does the choice-of-law analysis change?
No, it proceeds as it would in tort actions generally.
What is an exception to the general choice-of-law rule regarding Dram Shop Acts?
The forum will usually apply the law of the state where the tavern is located.
What conditions create an exception to the Dram Shop Acts exception?
If:
* the tavern uses advertising targeting another state
* the tavern keeper anticipates out-of-state residents returning home soon after consuming alcohol
How can parties settle the choice-of-law question in a contract action?
By expressly stipulating which state’s law governs their contract.
Under the Traditional Approach, what law applies when a contract lacks a choice-of-law stipulation?
The law of the state where the contract was made.
What does the Modern Approach (Second Restatement) require when a contract lacks a choice-of-law stipulation?
Consider the policies and interests of states where:
* the parties negotiated the contract
* the parties made the contract
* performance obligations were to be met
* the subject matter is located
* the parties are domiciled or conduct business
What governs contracts under the UCC?
The parties may stipulate that the UCC of a state governs their contract.
What is the choice-of-law rule for real property under both Restatements?
Apply the law of the state where the land is located.
What is the choice-of-law rule for personal property in an inter vivos transaction?
Apply the law of the state where the property was located at the time of the transfer.
In inheritance cases, what law applies if the decedent dies intestate?
The law of the state where the decedent was domiciled.
In inheritance cases, what law applies if the decedent dies testate?
The law of the state where the testator was domiciled at the time the will was executed.
What governs a corporation’s internal affairs?
The law of the state of incorporation governs.
What governs a corporation’s external affairs?
Apply the appropriate choice-of-law approach based on the forum and specific cause of action.
How is the validity of a marriage determined?
By the law of the state where the ceremony took place.
Are valid common law marriages recognized by all states?
Yes, even by those that do not permit creation of common law marriage.
What governs divorce proceedings?
The law of the forum.
