General Flashcards
(19 cards)
What are the three distinct concerns of Conflict of Laws?
- choice of law
- recognition and enforcement of judgments
- choice of forum
Choice-of-forum concerns refer to issues in the areas of jurisdiction and venue.
What is the definition of domicile?
Each person must have one (and only one) domicile; the acquisition of a new domicile extinguishes a former domicile.
How does a person’s domicile affect legal proceedings?
A person’s domicile has implications with respect to how a court makes choice-of-law determinations.
What is the general rule regarding a minor’s domicile?
A minor’s domicile is the same as the domicile of the minor’s parents.
If a minor’s parents are separated, whose domicile determines the minor’s domicile?
The domicile of the parent with whom the minor lives.
What happens to the domicile of a person judged incompetent?
They retain the domicile they had prior to their insanity or incompetence.
What are the two elements that determine a person’s domicile by choice?
- physical presence in a state
- intent to remain indefinitely
Fill in the blank: A person asserting a change in domicile has the burden of proving both a change in residence to a new state and an intent to make this new state their _______.
[permanent residence]
Which indicators can help prove intent to establish a new domicile?
- owning real estate
- voting
- paying taxes to the state or a town
- having a bank account
- registering an automobile in the state
Can a married couple have separate domiciles?
Yes.
What procedural rules apply in both federal and state courts?
The procedural rules of the forum.
What is the general distinction between procedural and substantive rules?
Procedural rules govern rights inside the court; substantive rules govern rights and obligations outside the court.
Are statutes of limitations generally considered procedural or substantive rules?
Procedural rules.
How is a wrongful death statute treated in terms of procedural versus substantive rules?
It is treated as a substantive rule if it conditions the right to recovery on a time fixed in the statute.
Are rules of evidence considered procedural or substantive rules?
Generally procedural rules, but evidentiary rulings that are outcome determinative are treated as substantive rules.
What type of presumptions are treated as procedural rules?
Rebuttal presumptions.
What type of presumptions are treated as substantive rules?
Conclusive (or mandatory) presumptions.
Is the Parol Evidence Rule treated as procedural or substantive?
Substantive rule.
Is the Statute of Frauds treated as procedural or substantive?
Substantive rule.
