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Flashcards in Conflicts Deck (29)
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1

Individual domicile (choice)

1. Presence
2. Intent to remain
- compulsion
- evidence of all sort

2

Individual domicile (operation of law)

1. Minor children
2. Those deemed incompetent

3

Minor children

1. Parents
2. Father's if choice

4

Incompetent domicile

1. Always incompetent --> parent's
2. Once competent --> prior choice

5

Corporate domicile

State of incorporation

6

Most Significant Relationship (MSR) Test

Which state has the most significant relationship to the issue in question?

7

Three Qs of MSR

1. What is the exact issue in controversy?
2. What policies do the relevant state laws aim to serve?
3. What state's interest is most significant given these policy concerns?

8

MSR typically applied in which disputes

Contracts

BUT, first follow choice of law clause.

9

Governmental Interest Approach (GIA)

Focuses on the interest of the state and its law in resolving a particular dispute.

- law of the situs
- place of the property
- domicile of the decedent

But, presumes a forum state will apply its own law unless a party can show another law makes better sense.

10

Forum non conveniens

If a forum state has no interest whatsoever it may dismiss

11

Torts and Neumeier

What is the purpose of the law?

- Regulation of conduct: location of tort

- Allocate loss:

i) Same domicile --> law of that domicile
ii) Split domicile --> location of tort . . . unless special circumstances dictate otherwise

12

- Real Property
- Tangible personal property
- Intestate succession to real property
- Succession to real property by will

Law of the situs

13

Divorce

NY applies law of P's domicile

14

Pre-marital agreements

Like other Ks, the MSR test governs

15

Pre-marital property

Real property: law of situs
Personal property: law of domicile

16

Marital real property

Law of situs

17

Legitimacy actions

Law of domicile of parent in question

18

Adoption

NY law

19

Worker's compensation

Injury occurred in NY?
- NY law

Injury outside NY? Depends on contacts
- Hiring in NY
- Payment by a NY employer
- Residence in NY
- Presence of NY worker's comp insurance

If NY doesn't apply its own law, DISMISS

20

Defenses to application of foreign law

1. Procedural
2. Contrary to public policy (repugnant)
3. Penal in form/effect
(actual criminal prosecutions)

21

Procedural defense

1. Presumption that NY applies its procedural law
2. Foreign law is procedural in nature
3. Thus, NY should apply its law

22

Procedural laws

- Proper forum
- Proper form of action
- Sufficiency of pleadings
- Cause splitting
- Joinder rules
- Counter-claim rules
- Venue
- Discovery
- Jury Trial
- Burdens of proof

23

SOLs generally procedural in conflicts settings . . .

EXCEPT:
1. Restricts rights (not remedies)
2. Prescription/AP
3. Borrowing statutes

24

NY borrowing statute

- Applies ONLY to c/a that accrues outside NY
- If foreign action accrues in favor of NY resident, NY law applies

25

When choice of law clauses fail

1. K is invalid
2. Inapplicable to relevant dispute
3. Too unrelated to lawsuit
4. Runs afoul of public policy

26

Full faith and credit reqs

1. Jx
2. Finality
3. Merits

27

Defenses to FF&C

1. Penal laws (NY doesn't enforce penal judgments)
2. Inconsistent judgments (follow latest)
3. Equity

28

International judgments

guides by discretion and comity

29

Divorce decrees

NY will recognize:
1. Jx to render decree
2. Valid in issuing state