NY BAR REVIEW CONFLICT OF LAWS LAW COURSE

Question 1

which law bw the two will govern in torts?

Answer 1

interest analysis to determine which of 2 competing jurisdictions has the greater interest in having its law applied.

Question 2

what is interest analysis?

Answer 2

court assesses these factors:

1. what are significant contacts
2. in which jurisdiction are they located
3. what is the purpose of the law at issue - to regulate conduct or allocate loss?

Question 3

conduct regulating rules govern conduct in order to what?

Answer 3

prevent injuries from occuring.

Question 4

what is the purpose of loss allocating rules?

Answer 4

prohibit, assign, limit liability AFTER tort occurs

Question 5

if conflicting conduct relating laws are at issue, what is the jurisdiction?

Answer 5

where the tort occurred is the one which has the greatest interest in regulating conduct within its borders.

Question 6

if conflicting loss allocating rules are at issue, what factors are takien into consideration?

Answer 6

the parties’ domicile

Question 7

what is NEUMEIER?

Answer 7

court of appeals adopted 3 rules that apply to loss allocation cases

Question 8

what is the first NEUMEIER rule?

Answer 8

when parties to the lawsuit share a common domicile, loss allocation rule of common domicile will apply

Question 9

what is the second NEUMEIER rule?

Answer 9

where parties are domiciled in diff states and local law favors the respective domiciliary, when a def’s conduct occurred in the state of his or her domicile and that state would not impose liability, the def should not be exposed to liability under the law of the victim’s domicile. when pl is injured in the place of his domicile and would be entitled to recover, def should generally be unable to interpose the law of his domicile to defeat recovery.

Question 10

what is the third NEUMEIER rule?

Answer 10

most of the time governing law will be that of the place where the accident occurred, unless displacing that normally applicable rule will advance the relevant substantive law purposes without impairing the smooth working of the multistate system or producing great uncertainty for litigants.

Question 11

which law bw the two will govern in contracts?

Answer 11

flexible center of gravity or grouping of contacts inquiry to conflict of law questions relating to contracts. spectrum of significant contacts is considered in order to determine which state has the most significant contacts to the particular contract dispute. significant contacts involved.

Question 12

what do significant contacts involve?

Answer 12

1. place of contracting, negotiation, performance.
2. location of subject matter of contract.
3. domicile or place of business of contracting parties.

Question 13

when policies underlying conflicting laws in a contract dispute are readily identifiable and reflect strong govtl interests, then?

Answer 13

those govtl interests may be considered

Question 14

which governs in matters of wills that dispose of real property?

Answer 14

law of jurisdiction where the real property is located

Question 15

which governs in matters of wills that dispose of personal property?

Answer 15

law of jurisdiction in which the decedent was domiciled at death

Question 16

which governs if an issue arises as to whether property is real or personal?

Answer 16

law of the state where the asset is located is determinative

Question 17

which governs regarding applying foreign law?

Answer 17

choice of law approach to determine which substantive law to apply.

Question 18

if a time limit is a substantive law of another state, NY courts should apply what?

Answer 18

the time limit of the other state

Question 19

if a time limit is a procedural rule of another state, then NY should apply what?

Answer 19

its procedural rule

Question 20

NY court will apply which law principles to determine whether foreign state time limit is substantive or procedural?

Answer 20

NY choice of law

Question 21

what is a statute of repose?

Answer 21

a substantive law that imposes a time limit may be defined as such, whereas a time limit as a procedural rule may be defined as a statute of limitations.
blocks a cause of action before it may accrue

Question 22

what is a statute of limitations?

Answer 22

it prevents a plaintiff from delaying an action to the detriment of a potential defendant.

Question 23

if a statute creates a cause of action and integrates into it a time limit to bring an action, so as to qualify the right, then?

Answer 23

time limit is an ingredient of the cause of action, and, thus, substantive rule

Question 24

in cases of conflict bw foreign legislation public policy and NY public policy, who prevails?

Answer 24

NY

Question 25

a statute or a rule of another state that gives the courts of that state exclusive jurisdiction over certain cases does or does NOT divest NY courts of jurisdiction?

Answer 25

NOT

Question 26

public policy exception permits the court to refuse to enforce otherwise applicable foreign law that would what?

Answer 26

VIOLATE some fundamental principle of justice, prevalent conception of good morals, or deep rooted tradition of the common weal (= that which is best for someone or something)