Conflict of Laws Flashcards
Domicile of Individuals
where the person is present with the intent to remain
Domicile of Corporations
A corporation’s domicile is always the state where it is incorporated
Continuity of Domicile
a domicile is presumed to continue until a new domicile is acquired
Choice of Law
Constitutional Limitations
a forum state may apply its own law to a particular case only if it has a significant contact with the state such that a choice of its law is neither arbitrary nor fundamentally unfair
Party-Controlled Choice of Law
Most courts will enforce a contractual choice-of-law provision if it is:
* A valid agreement,
* Applicable to the lawsuit,
* Reasonably related to the lawsuit, and
* Not in violation of public policy
Vested-Rights Approach
looks for the location where the last liable event took place
Most-Significant Relationship Approach
applies the law of the state with the most significant relationship to the issue in question
Governmental-Interest Approach
it is presumed that the forum state will apply its own law
but, a party may request another state’s law be applied
Governmental-Interest Approach
false conflict
(i.e., the forum has no interest in this litigation)
the court applies the law of the state that does have an interest in the case
Governmental-Interest Approach
true conflict
(i.e., the forum state and another state both have an interest)
the 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
Conflict-of-Laws Rules in Federal Diversity Cases
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.
If a diversity case is transferred, then the first state’s choice-of-law rules will be applied.
