Conflicts of law

Question 1

In general, a minor’s domicile is the same as the domicile of the minor’s parents.
If the minor’s parents are separated or divorced, the minor’s domicile is the domicile of:

Answer 1

the parent with whom the minor lives

Question 2

In general, a person judged incompetent’s domicile will be:

Answer 2

the same as what it was before he was determined incompetent

Question 3

A person asserting a change in domicile has the burden of proving both:

Answer 3

(1) a change in:
the residence to a new state
(2) an intent to:
make new state their new residence

Question 4

For proving the requisite intent to establish a new domicile, relevant objective indicators include:

Answer 4

(1) owning real estate;
(2) voting or registering to vote
(3) paying taxes to the state or a town;
(4) opening a new bank account in new state
(5) registering an automobile in the state.

Question 5

T or F A married couple can have separate domiciles

Answer 5

True

Question 6

EXAMPLE: Harold and Winnie are married. In the last year, Winnie has moved to Illinois to further her career. Uncertain he would be able to find a job in Illinois, Harold remains in North Carolina. Harold and Winnie take turns flying back and forth to visit each other on alternate weekends. Winnie has opened a bank account in Illinois and has voted in local elections in Illinois. Where is Harold domiciled? Where is Winnie domiciled?

Answer 6

Harold: North Carolina

Winnie: Illinois

Question 7

In both federal and state courts, the procedural rules to be applied are the procedural rules of the?

Answer 7

forum state

Question 8

In general, the procedure-substance distinction relates to whether the rules govern your rights inside the court (_____________) or your rights and obligations outside the court (____________).

Answer 8

procedural

substantive

Question 9

Are statute of limitations generally deemed to be procedural or substantive?

What is the exception?

Answer 9

generally procedural

Exception: a wrongful death statute that conditions the right to recovery on a time fixed in the statute will be treated as a: substantive rule

Question 10

Rules of Evidence In most instances, are deemed to be:

Exception when an evidentiary ruling would be “outcome determinative,” it will be treated as a:

Answer 10

procedural

substantive rule

Question 11

burdens of proof are generally deemed to be _________.

Answer 11

procedural

Question 12

Rebuttal presumptions are deemed to be: _________.

Exception Conclusive (or mandatory) presumptions are treated as: __________.

Answer 12

procedural

substantive

Question 13

A parole evidence rule is treated as a ____________ law

Answer 13

substantive

Question 14

Statute of Frauds is considered to be a __________ law

Answer 14

substantive

Question 15

The First Restatement’s “Vested Rights” Approach

1.Under this traditional approach, for any cause of action, the forum must apply the law of the state where:

Answer 15

the rights of the parties have vested. In general this means that, for any cause of action, the forum applies the law of the state where the act or relationship giving rise to the cause of action occurred or was created.

Question 16

A court using the vested rights approach must:

take two steps:

Answer 16

step 1 first characterize the cause of action (e.g., torts, contracts, etc.), and
step 2 apply the appropriate choice of law rules

Question 17

Vested Rights This traditional approach usually leads to the court applying one of the following three choice-of-law rules:
a.

Answer 17

Lex loci delecti – the law of the place of:
wrong or injury
b. Lex loci contractus – the law of the place of:
contracting
c. Lex loci situs – the law of the place where:
where the property is located

Question 18

Characteristically, the First Restatement’s approach involves:
a single factor analysis eg.

Answer 18

where was the property located, where is the contract formed,etc.

Question 19

The Second Restatement’s “Most Significant Relationship” Approach
1. Under this modern approach, for any particular issue, the forum must apply the law of the state which:

Answer 19

has the most significant relationship to the issue being decided

Question 20

Under the Second Restatement (most significant relationship) , within any one cause of action, the forum may apply the substantive law of different states to different issues arising in the case.
3. In general, for any particular issue, a court’s choice-of-law determination will be determined by considering:

Answer 20

a range of factors as recommended by the Second restatement (these factors will vary depending upon the issue or case).

Question 21

As a matter of general principle, the Second Restatement outlines set of broad considerations that should go into a choice-of-law determination, including: (multifactor analysis)

Answer 21

Most significant relationship approach

a. the needs of interstate and international systems,
b. the relevant policies and relative interests of the forum state and of other interested states,
c. the justified expectation of the parties
d. the notion of judicial economy.

Question 22

The “Interest Analysis” Approach
1. Under this contemporary approach, for any particular issue, a forum should apply the law of the state that is?

2. The default rule is that the forum should apply the?
3. The forum will apply another state’s law only if the forum state: has no?
4. this is a ________ factor analysis.
5. However, unlike the single-factor analysis of the First Restatement, which is focused on geography, the single factor that interest analysis focuses on is:

Answer 22

1. most legitimately interested in its outcome.
2. the substantive law of the forum state
3. has no legitimate interest in how a particular interest is resolved.
4. single factor analysis
5. governmental or state interest

Question 23

Regardless of the choice-of-law approach used by a forum, its choice-of-law determination must be consistent with the norms of fairness embodied in the 14th Amendment’s Due Process Clause.
(1) For a choice-of-law determination to satisfy the requirements of due process, the law to be applied must be from a state whose connections with the case are:
not so ________ as to render its application as unpredictable or arbitrary

Answer 23

tenuous

Question 24

Regardless of the choice-of-law approach used by a forum, courts will refrain from applying the law of another state when such law:

Answer 24

offends the strong public policy of the forum state

Question 25

A state court will also refuse to enforce the ______ laws or ______ laws of another state.

Answer 25

penal or revenue laws

Question 26

Torts 1. The traditional approach (First Restatement) a. Under the traditional approach, the choice-of-law rule in a Torts action will be to apply the law in the state where?

Answer 26

in the state where the injury occured. also known as the (lex loci delecti) rule

Question 27

The modern approach (Second Restatement) a. Under the Second Restatement’s modern approach, in a Torts action, when determining which state has the “most significant relationship” to any particular issue, consider the policies and interests at stake for the following states: Wrongful Death Actions: Special Case under the Second Restatement (1) Even when the death occurs in a state other than one of the states where the decedent or defendant were domiciled and other than the state where the decedent’s fatal injury occurred the choice of law will?

Answer 27

(1) the states where the parties are domiciled (2) state where injury occurred wrongful death actions: the choice of law will still only look at the states where the parties are domiciled and where the injury occured. NOTE: In most Tort actions, the different approaches of the First Restatement and Second Restatement leads to the same determination: apply the law of the state where the injury occurred.

Question 28

NOTE: In most Tort actions, the different approaches of the First Restatement and Second Restatement leads to the same determination: apply the law of the state where the injury occurred. c. Dram Shop Acts: An Exception Dram shop acts impose liability on a tavern keeper for injuries to any individual injured by an intoxicated patron. (2) A choice-of-law question may come up where one state interested in a case has a dram shop statute and another state does not. Here, the outcome of the analysis is usually different; instead of applying the substantive law of the state where the injury occurred, the forum will usually apply: the law of the state where? What is the exception to the exception with regards to the Dram shops act?

Answer 28

the tavern is located Exception to the Exception (a) the tavern in question uses advertising to: target residents of another state (b) the tavern keeper can anticipate that out-of-state residents could return to their home state: shortly after consuming beverages of the tavern

Question 29

In a contract action, the choice-of-law question might be settled by the parties to the contract if they expressly stipulated which state’s law would govern their contract. 2. Courts will deem such “choice-of-law” stipulations as binding on the parties so long as:

Answer 29

1. the stipulation does not appear does not appear in a boilerplate of an adhesion contract 2. the parties picked a state that: has a substantial relation to the contract 3. the law of the parties’ chosen state does not violate the public policy of that state with the most significant relationship to the issue in question.

Question 30

The traditional approach (First Restatement) a. Under the traditional approach, when a contract makes no provision stipulating the law governing the contract, the choice-of-law rule in a contracts action will usually be as follows:

Answer 30

apply the law of the state where the contract was made (lex loci contractus)

Question 31

if the issue concerns not the contract’s validity or terms but the performance or non-performance of a party, courts may look to the law of the?

Answer 31

the law of the place of performance

Question 32

The modern approach (Second Restatement) Contracts a. Under the modern approach, when a contract makes no provision stipulating the law governing the contract, determining which state has the “most significant relationship” to any particular issue requires a consideration of the policies and interests of potentially several different states. Specifically, the choice-of-law determination needs to consider the policies and interests of those states where:

Answer 32

(1) the parties negotiated the contract, (2) the parties made the contract (3) the performance obligations were to be met (4) the subject matter of the contract is located (5) the parties are domiciled, reside, conduct business, or are incorporated.

Question 33

Contracts governed by the UCC 1. In general, the parties may stipulate that the UCC of a particular state shall govern their rights and duties under the contract, so long as the transaction: 2. When there is no such stipulation and in the absence of any UCC exception, a state’s UCC can apply to any transaction that:

Answer 33

bears a reasonable relationship to the chosen state bears an appropriate relationship to that state.

Question 34

Real Property a. Under the approaches of both the First Restatement and Second Restatement, in an action involving an interest in real property, the choice-of-law rule is as follows: apply the law of the state where? b.In applying the law of the situs, the forum court refers to the whole law of the situs, including:

Answer 34

the land is located (lexi loci situ) its choice of law rules

Question 35

a. Under the approaches of both the First Restatement and Second Restatement, in an action concerning an inter vivos transaction of personalty, the choice-of-law rule is as follows: apply the law of the state where

Answer 35

the property was located at the time of the transfer

Question 36

Under the approaches of both the First Restatement and Second Restatement, in an action concerning an inheritance of a decedent’s property, the choice-of-law rule is as follows: (1) if decedent dies intestate, apply the law of the state where: (2) if decedent dies testate, apply the law of the state where:

Answer 36

1. the decedent was domiciled | 2. the testator was domiciled at the time the will was executed.

Question 37

Choice-of-Law Rules for the Rules Governing a Corporation’s Internal Affairs a. With respect to issues concerning the existence of a corporation and issues relative to its structure (such as the manner of electing directors, their authority and liability, the rights of its shareholders, the attributes of its shares, and the procedure for its dissolution): the law of the state where

Answer 37

incorporation governs

Question 38

Choice-of-Law Rules Governing a Corporation’s External Affairs a. With respect to issues concerning a corporation’s legal rights, duties, and potential liabilities as to third parties, apply the appropriate choice-of-law approach given the forum and? b. When pertinent to the analysis, the corporation is considered domiciled: in the state of its incorporation

Answer 38

the specific cause of action brought by or against the corporation.

Question 39

The validity of a marriage is generally governed by the law of the state where

Answer 39

the ceremony took place.

Question 40

In general, a divorce proceeding will be governed by: | the law

Answer 40

of the forum

Question 41

In Conflict of Laws, a “foreign” judgment refers to a judgment rendered by an out-of-state court whether the court is one in a

Answer 41

sister state or a foreign country.

Question 42

Specifically, judgments rendered in the courts of one state must be given full force in the courts of another state so long as the rendered judgment was:

Answer 42

a final judgment on the merits

Question 43

Judgments are NOT final if they are:

Answer 43

modifiable in the rendering state (eg. custody decree)

Question 44

Unlike choice-of-law determinations, a forum court cannot refuse to enforce the final judgments on the merits issued by a sister state on the ground that:

Answer 44

a. the forum state is: interested in the outcome b. the judgment was wrongly rendered; or c. the judgment is: contrary to the strong public policy of the forum state

Question 45

When a state court determines whether to recognize and enforce the judgment of a foreign nation’s court, the state court is guided by principles of comity. Consistent with these principles, state courts will generally not enforce a judgment of a foreign nation’s court if:

Answer 45

that court's proceeding did not meet norms of procedural fairness.