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13 Cards in this Set
- Front
- Back
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Traditional Application of Law
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"Vested Rights"
Application of the law of the place where the cause of action arises to all "substantive" aspects of the case, and law of the forum to all "procedural" questions |
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Modern Trend Application of Law
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"Substantive contacts" & "Governmental interests"
Generally, law of state with the MOST significant relationship & interest with the cause of action should prevail |
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Domicile Generally Establishes:
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1) Personal Jurisdiction
2) Presonal Status (Marriage, Legitimacy, Adoption, etc) 3) Transfer of Property upon Death 4) Taxes 5) Domicile = Contact w/ Forum |
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Requirements of Domicile
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1) Physical Presence in Domicile
2) Intent to Make Domicile his Home *If more than 1 home, domicile is first in time unless intent to change affirmitively shown |
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Extended Abscence is NOT a Means to Terminate Domicile IF?
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Party has intent to return.
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Domicile for Special Parties:
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1) Minors (Domicile of Parents)
2) Married Women (Can have own from Husband) 3) Incompetents (Minor - Parents Domicile, After Infancy - Domicile held prior to Incompentency) 4) Corporation (State of Incorporation) |
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Forum by Agreement Invalid if?
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Unfair or Unreasonable
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Definition of Forum Non Convenies
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State will not exercise jurisdiction where it is a significantly incovenient forum for the action AND more appropriate forum available
*Court will stay the action if so |
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Constitutional Limitations
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1) Due Process
2) Full Faith & Credit 3) Privileges & Ammunities |
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Procedure Items (Law of Forum)
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1) Parties & Remedy
2) Statute of Limitations 3) Evidence 4) Burden of Proof 5) Presumptions 6) Sufficiency of Evidence & Facts |
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What is Renovi?
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When a court must refer to law of another jurisdiction and must decide how much foreign law to apply the Doctrine of Renovi would apply the WHOLE LAW.
*Most states have rejected (Unless Tort under FTCA) |
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Limitaitons on Applying Foreign Law
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1) Penal Laws of Another State not Normally Enforced
2) Revenue Laws of Another State not Enforced 3) Laws of Another State that Violate Public Policy not Enforced 4) Actions Involving Land in Another State not Enforced |
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Workers Compensation Requirements
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1) Employee hired
2) Injurty occurred 3) Employment relationship primarily centered 4) Employee or his dependents reside |
