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Flashcards in Conflict of Laws Deck (48)
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1

What is domicile of a corporation in COL?

The state of incorporation

2

What is domicile?

Wherever the person is physically present and intends to remain

3

What is the domicile of an infant?

Wherever her custodial parents are domiciled. If emancipated, she may establish her own domicile.

4

What is the domicile of an incompetent?

A person lacking mental legal capacity retains her parents domicile; if chosen before incompetency, that is the domicile.

5

What limit does Due Process require for COL?

1. It has a significant contact or aggregation of contacts; and
2. Application of state law would be neither arbitrary nor fundamentally unfair.

6

What limit does the Full Faith and Credit clause impose on COL?

Must apply foreign law if the forum state has no or insufficient contacts, unless doing so would violate strongly held public policy.

7

When is a COL clause enforced by a court?

1. Valid;
2. Applicable to the lawsuit under the K's terms;
3. Reasonably related to the lawsuit; and
4. Not in violation of the forum state's public policy or another state's.

8

What is the "most significant relationship" approach to COL?

A state applies the law of the state with the most significant relationship to the issue in question.

9

What will a court applying the "most significant relationship" test evaluate?

1. Isolate the precise legal issue resulting in a conflict;
2. Identify the policy objective's that each state's law seeks to achieve;
3. Determine each state's interest in view of its policy objectives and choose the state with a superior connection.

10

What is the "governmental interest approach" to COL?

A forum state presumes to apply its own law, but if a part requests another state's law, the court will evaluate whether:

1. There is an actual conflict (false conflict);
2. Whether it is reconcilable (true conflict)
3. Whether it is unprovided for.

11

What should a court do if it faces a false conflict?

It should apply the law of the interested state.

12

What should a court do if there is a true conflict?

It should review its own policies to determine which law should apply. Law of the forum is a tiebreaker.

13

What should a court do in an unprovided case, i.e. a disinterested forum?

It can:

1. Dismiss for FNC
2. If there is no FNC, it can pick what it believes is best, or apply the law most closely resembling its own law. Or, apply its own law.

14

What COL rules apply in diversity cases?

The COL of the forum state, other constitutional restraints applying

15

What COL rules apply in a transferee court?

The first state's COL rules apply.

16

What is depecage?

The court applies the law of one state to one issue and the law of another to another issue.

17

What is renvoi?

A forum state applies another state's law to apply foreign COL rules. Rejected except for the FTCA.

18

What is the vested rights approach?

The controlling law is the law of the jurisdiction where the act or relationship giving rise to the cause of action was created.

19

What is the vested rights approach to torts?

Lex loci delicti, the law of the place of the last event necessary to make the actor liable occurred.

20

What is the most significant relationship to torts?

Presumed place of injury unless other factors weigh against it.

21

What is the governmental-interest approach to torts?

Apply forum state law if interested, otherwise apply another's if it is more interested.

22

When can a court discard a COL clause?

When it violates public policy, was patently unreasonable for the parties to select, or was procured by fraud or mistake.

23

What is the vested-rights approach to contracts?

Issues relating to execution, like validity, formation, and interpretation, are defined by the place of execution.

Issues relating to performance are defined by the place of performance.

24

What is the most significant relationship approach to contracts?

Evaluate the balance of interests, but special rules apply for specific kinds.

25

What is the governmental-interest approach to contracts?

Apply forum state law if interested, otherwise apply another's if it is more interested.

26

What is the governmental-interest approach to property?

Apply forum state law if interested, otherwise apply another's if it is more interested.

27

What is the vested rights approach to property?

Law of the situs, unless other law controls

28

What is the significant relationship approach to property?

Law of the state, unless UCC directs otherwise

29

What COL controls for inheritance?

If personal, domicile of deceased at time of death.
If real, law of situs

30

What COL controls for marriage?

Law of state where it took place, but may be challenged for public policy reasons