MBE COL Flashcards
(27 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 and are covered in Civil Procedure materials.
What is the definition of domicile?
The state to which a person is primarily connected for legal purposes.
A person must have one domicile; acquiring a new domicile extinguishes the former one.
How is a minor’s domicile determined?
The same as the domicile of the minor’s parents.
If parents are separated or divorced, the minor’s domicile is that of the parent with whom they live.
What is the burden of proof for changing domicile?
- Change in residence to a new state
- Intent to make the new state permanent
Relevant indicators of intent include owning real estate, voting, paying taxes, having a bank account, and registering an automobile.
What is the distinction between procedural and substantive rules?
Procedural rules govern rights inside the court, while substantive rules govern rights and obligations outside the court.
In federal and state courts, procedural rules to be applied are those of the forum.
What is the First Restatement’s ‘Vested Rights’ Approach?
The forum must apply the law of the state where the rights of the parties ‘vested’.
This means applying the law of the state where the act or relationship giving rise to the cause of action occurred.
What is the Second Restatement’s ‘Most Significant Relationship’ Approach?
The forum must apply the law of the state which has the ‘most significant relationship’ to the issue being decided.
This approach allows for applying different states’ substantive law to different issues within a single cause of action.
What does the Interest Analysis Approach focus on?
The law of the state that is most legitimately interested in the outcome of the issue.
The default rule is to apply the substantive law of the forum state unless it has no legitimate interest.
What are the due process requirements for choice-of-law determinations?
The law must be from a state with connections to the case that are not tenuous.
This is to ensure the application of law is not unpredictable or arbitrary.
What is the traditional choice-of-law rule for tort actions?
Apply the law of the state where the injury occurred.
This is consistent across both the First Restatement and Second Restatement.
In contract actions, what governs if the parties have not stipulated a choice of law?
The law of the state where the contract was made or the law of the place of performance.
The modern approach considers multiple states’ policies and interests.
What governs the choice-of-law for real property?
The law of the state where the land is located.
This applies to both the First Restatement and Second Restatement.
What governs the validity of a marriage?
The law of the state where the ceremony took place.
Valid common law marriages must be recognized by all states.
What is a ‘foreign’ judgment in Conflict of Laws?
A judgment rendered by an out-of-state court, whether from a sister state or a foreign country.
This includes judgments from courts in other states or nations.
What is the general rule regarding the recognition of sister state judgments?
Judgments from another state’s courts are due greater respect in a forum court.
This principle emphasizes the comity between states.
What does a divorce proceeding generally governed by?
The law of the forum.
In Conflict of Laws, what does ‘foreign’ judgment refer to?
A judgment rendered by an out-of-state court, whether from a sister state or a foreign country.
What is required by Article IV’s Full Faith and Credit Clause regarding sister state judgments?
Recognition and enforcement of judgments by a sister state.
What must judgments rendered in the courts of one state be given in the courts of another state?
Full force, as long as they are final valid judgments on the merits.
What makes judgments ‘valid’?
The rendering court properly exercised its jurisdictional authority over the parties and subject matter.
What are judgments NOT considered if they are modifiable in the rendering state?
Final.
What qualifies judgments as being on the merits?
They resolve the substantive issues of a dispute.
Can a forum court refuse to enforce final judgments on the merits issued by a sister state based on its own interests?
No.
True or False: A forum court can refuse to enforce a judgment if it believes the judgment was wrongly rendered.
False.
