Conflict

Question 1

Domicile Overview

Answer 1

Person domiciled in a state will be subject to personal jx in that state’s courts whether or not the person can be found and personally served process

Question 2

Domicile of Individuals

Answer 2

1. Can only have ONE domicile
2. Acquired by choice or operation of law (e.g. minor)
3. presence with an intent to remain

Presence required to ESTABLISH domicile; presence need not be long, so long as there’s an intent to remain

Temporary or prolonged absences don’t change domicile. Person maintains domicile (even if they’re no living in their domicile) so long as they intend to return and remain in domiciliary state

Question 3

Change of domicile

Answer 3

person with capacity, physical presence and intent to make new place home

Question 4

Due Process Limitations

Answer 4

SCOTUS held that forum state may apply its own substantive law to a particular case only if it has A SIGNIFICANT CONTACT/AGGREGATION OF CONTACTS with the issue

such that the choice of law is neither arbitrary or fundamentally unfair

Question 5

Full Faith and Credit

Answer 5

same as due process; but forum court may refuse to apply other state’s laws if violates public policy

Question 6

Contract choice-of-law provision

Answer 6

Enforced if:

a) valid agreement with effective COL clause
b) applicable to the lawsuit under the terms of the k
c) law to be applied is from a state with connections to the parties or the k
d) doesn’t violate pub. policy

Question 7

Approaches to COL

Answer 7

1. traditional (1st restatement)
2. most-sig relationship (2nd restatement)
3. Governmental interest

Question 8

Most significant Relationship (2nd Restatement) Approach

Answer 8

2nd Restatement applies law of the state with most significant relationship to the issue in question

Determining which state has the most significant relationship, the forum court considers 1) contacts linking each jx to the case 2) 7 policy principles set forth in the Restatement

Question 9

Most significant Relationship (2nd Restatement)

7 Principles:

Answer 9

1) needs of the interstate or international system
- focus on judicial efficiency

2) relevant policies of the forum
3) policies of interested state

4) party expectations
(planned contracts)

5) Policies underlying substantive area of law
6) certainty, predictability, and uniformity

7) ease of future application
- how difficult would the application of the second jx be?

Question 10

Gov. interest

False conflict

Answer 10

only 1 state interested

Question 11

Gov interest

Trust Conflict

Answer 11

i. Forum state will review its own policies to determine which law should apply. If the conflict cannot be resolved, then the law of the forum state is applied

No conflict—> forum state

Question 12

what COL rules does the federal government follow in a diversity case:

Answer 12

In federal diversity cases, the federal district court is generally required to apply the conflict-of-laws
rules of the state in which it sits

Question 13

Torts:

Traditional Approach

Answer 13

• Law of the place where the wrong was committed. More specifically, the place where the last event that makes the actor liable for the tort occurred.

Question 14

Torts:

Most significant Relationship

Answer 14

2nd Restatement applies law of the state with most significant relationship to the tort and the parties, along with the 7 policy principles.

In addition, courts will consider

a) place where injury took place
b) place where conduct causing injury occurred
c) place of incorporation/business of the parties
d) place where relationship of parties is centered

Question 15

Governmental-interest approach

Answer 15

Courts examine the purpose and policies that underlie the competing states’ laws to determine whether those states are truly interested (loss-shifting vs conduct-regulating)

Under the governmental-interest approach, the forum state generally looks to its own law, so long as that state has a legitimate interest in applying its own law.

Language:
False conflict- one party interested
true conflict- both
No conflict–> forum state law rule

Question 16

Contracts:

Traditional (vested rights approached) 1st REstatement

Answer 16

Either where the k was executed or where k was to be performed

Question 17

Contracts:
Traditional (vested rights approached) 1st REstatement

Vests Where the k was executed

Answer 17

• validity of k
• defenses to formation of k
• interpretation of k

Vest where the k was EXECUTED

Question 18

Contracts:
Traditional (vested rights approached) 1st REstatement

Vests where the k was to be performed

Answer 18

• details of performance time/place
• sufficiency of performance
• person who is obligated to perform and the receiver of the performance
• excuses for non performance

Question 19

Contracts

Most significant relationship approach

Answer 19

2nd Restatement applies law of the state with most significant relationship to the contracts and the 7 policy principles.

In addition, courts consider

a) location of contracting, negotiation and performance
b) where k’s subject matter is located
c) location of parties’ domiciles/place of incorporation, places of business

If place of negotiation and place of performance are same, court applies law of that state

Question 20

Default Rules

Answer 20

Land ks--> law of situs
Personalty ks (personal property)--> law of state of place where delivery took place 

UNLESS another state has more significant relationship

Question 21

Property:

Tangible (UCC)

Answer 21

UCC governs most issues regarding sale of tangible personal property. Under UCC parties can choose the applicable law that will govern the transaction.

If parties DONT stipulate, forum state should apply its own UCC to “transactions bearing an appropriate relation to” the forum state

Secured transactions: under UCC, law governing perfection, attachment, etc, —> state where debtor is located

Question 22

Property

Tangible (NOT UCC)

Answer 22

A. Traditional (vested rights) 1st restatement:
State where property was located at time of transaction at issue. Applies even when property at issue has been moved out of state w/o owner’s permission

B. Most-significant relationship
Law of the situs of the personal property at time the relevant transaction took place.

However if determined that another state has a more significant relationship to transaction, that state’s law will apply

C. Governmental Interest Courts examine the purpose and policies that underlie the competing states’ laws to determine whether those states are truly interested; (true, false, no conflict)

Question 23

Real Property Rules

Answer 23

Traditional (vested rights) 1st restatement
- law of situs

Most significant relationship
-law of situs generally presumed most significant

Question 24

Inheritance

Answer 24

Different property types will call for different rules and this may lead to the application of various state laws due to the type of property

Personal Property: law of deceased’s domicile @ time of death

Real Property: law of situs

Will leaves jewelry, and a farm. Person died in State A, farm is located in State B. Questions regarding the validity of the decedent’s will regarding the Jewlery and the transfer of the jewlery will be governed by law of State A.

However, validity of the d’s will regarding the farm and the transfer of the farm governed by law of State B

Question 25

Marriage in General

Answer 25

1. Marriage are valid where they took place and are recognized in all other state 2. Unless the marriage violates a strong public policy of the domicile (incest, bigamy) 3. A valid Common law marriage should be recognized as valid in a state that does not recognize common law marriage. Unless violates STRONG public policy of domicile of either party

Question 26

Divorce and Marital Property in General

Answer 26

Questions of law relating to the grounds for divorce are controlled by the law of the plaintiff’s domicile in a divorce matter. In determining the enforceability of a premarital agreement:  Most states apply the law of the state with the most significant relationship to the matter at hand.  Some states apply the law of the state in which the premarital agreement was executed Divorce Judgments: Divorce decrees from other states are entitled to full faith and credit as long as the original state had 1) jurisdiction to issue the decree and 2) the decree is valid. Decrees have proper jurisdiction if at least one person resides where the decree was issued.

Question 27

If the foreign law sought to be applied is procedural

Answer 27

forum state's law ALWAYS governs foreign=law from another state Procedural: - service of process - venue - rules of discovery - sufficiency of pleadings

Question 28

3 arguments against application of foreign law

Answer 28

1. against public policy 2. procedural rather than substantive 3. penal law **Against public policy: both restatements 1 and 2 provide that if a foreign law violates the public policy of the forum state, then the forum court may refuse to apply the law

Question 29

3 arguments against application of foreign law: Penal Laws

Answer 29

both restatements 1 and 2 provide that a forum state will not enforce another state's penal laws tax and civil laws aren't penal laws

Question 30

Bilateral and ex parte divorces

Answer 30

BiLateral Divorce If the court has personal jurisdiction over both spouses and at least one spouse is domiciled in the state, then the divorce judgment will be a valid bilateral divorce and will be entitled to full faith and credit. 2. Ex Parte Divorce (recently tested) Personal jurisdiction over both spouses is not necessary to dissolve a marriage. If the plaintiff spouse seeking divorce is domiciled in the forum state, the courts of that state have jurisdiction to dissolve the plaintiff’s marriage (despite the lack of personal jurisdiction over the other spouse). However, the court may not issue a binding order affecting personal rights of the spouses such as property rights, alimony, and child custody unless the other spouse who is not domiciled in the state agrees to the order

Question 31

Child Custody

Answer 31

There is a reciprocal statute in all 50 states that governs child custody: the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA, a court can make initial custody decisions if it is in the child’s home state, and all other states must give full faith and credit to such decisions. Other states cannot modify these custody decrees unless the original court has no significant connection to the child or parents anymore (i.e., neither the child nor the parents reside in that state anymore

Question 32

Full Faith and Credit means

Answer 32

IF valid judgment rendered by a court with proper JX over the parties b) the parties received proper notice c) and had a reasonable opp. to be heard Then Full Faith and Credit requires that the judgment receive the same effect in other states it received in the state in which it was rendered valid, final, and on the merits

Question 33

Comity

Answer 33

voluntary agreement to recognize a foreign judgment

Question 34

Corporations governed by

Answer 34

state of incorporation

Question 35

Adoption governed by

Answer 35

forum court law

Question 36

Uniform Foreign Money Judgment Recognition Act

Answer 36

Adopted in most states  Foreign money judgments are enforceable in the same manner as sister state judgments  Foreign non-money judgments are not covered by the statute but are usually enforced under

Question 37

Loans governed by

Answer 37

state where repayment required

Question 38

Workers' Comp Laws

Answer 38

any state w/ a legitimate interest in an injury and its consequences may apply its workers' comp. act; employer and employee may contractually agree to apply a particular state's law unless it would vioalte public policy of another state w/ legit interest Recovery in more than 1 state: -worker should review the worker's comp statuses of each before deciding where to file -amounts paid under a prior award must be credited against any subsequent recovery in another state to avoid double recovery

Question 39

Statute of limitations | 2nd restatement

Answer 39

forum should apply its own SOL if it would bar a claim If forum law would permit the claim, apply unless 1) claim would be barred under the statue of limitations of a state having a significant relationship with the issue an d 2) maintaining claim would serve no substantial interest

Question 40

Borrowing statutes (SOL)

Answer 40

On foreign causes of action use the shorter of | the forum state's SOL or the SOL of the place where the cause of action arose