Conflict Of Laws

Front 1

Choice of Law
-Torts

Back 1

Substantive tort issues are governed by the law of "place of the wrong" (i.e. Place of the injury)
Exception: Defamation: Place of the publication

Front 2

Choice of Law
-Contracts

Back 2

1) Party choice governs.
-Can select ANY state's law to govern construction of the contract.
2) For validity, the choice must (i) not have been made by unfair means; (ii) the contract has a reasonable relation to the state chosen; (iii) the law of the state chosen is not contrary to public policy of the state that would otherwise govern.
2) UCC Cases: Forum law applies if the forum has an appropriate relationship to the transaction
3) First Restatement: Details of performance are governed by the place of performance; everything else (validity, capacity, etc.) is governed by the place of contracting (where the final act that made contract binding took place).

Front 3

Choice of Law
-Property

Back 3

-Creation and transfer of interests in LAND are governed by the law of the situs.
-Creation and transfer of interests in PERSONAL PROPERTY are governed by the law of the situs.

Front 4

Choice of Law
-Inheritance

Back 4

-Realty governed by situs of the land
-Personalty is governed by law of the decedent's domicile

Front 5

Choice of Law
-Domestic Relations

Back 5

1) Validity of marriage is governed by the place of celebration
-BUT VA won't recognize polygamous, incestuous marriages.
2) Status of children is governed by the law of the state of domicile of the parent being challenged.

Front 6

Escape Devices
-Substance v. Procedure

Back 6

1) Procedural
-S.o.L.s in general
-Statute of frauds
-Appropriate remedy
-Distribution of wrongful death damages
-Admissibility of evidence
-Sufficiency of proof
-Crim Pro
-Right to arbitration
2) Substance
-SoLs re: adverse possession
-Statutes of frauds that extinguishes contract right as well as remedy
-Damages in general
-Materiality of fact
-Parol evidence rule
-Direct action against insurer

Front 7

Escape Devices
-Penal Laws

Back 7

A forum will not enforce the penal laws of another state.
-Penal is determined by whether it is designed to vindicate the public justice or to provide reparation to an injured party.

Front 8

Escape Devices
-Public Policy

Back 8

-A forum will not enforce a cause of action created by foreign law that is contrary to the "strong public policy" of the forum.
--Usually laws that have a moral connotation (gambling, etc.) or do not provide sufficient protection to party's that need it (children, etc.)

Front 9

Constitutional Limits on Choice of Law

Back 9

1) If a state has sufficient contacts with the parties or subject matter of the action, it is NOT required to apply another state's law.
2) Full faith and credit requires that a forum apply the law of a another state, when the forum state has no contacts with the controversy
-If the only contact is that the case was brought there, apply other state's law
-If controversy happens, then a party moves to the forum state, without more, apply other state's law.

Front 10

Domestic Relations
-Divorce

Back 10

-Divorce decrees of sister states are entitled to full faith and credit if the jurisdictional requirement was met. I.E. one of the spouses was domiciled in the forum.
-This includes ex parte divorce decrees. The other party can attack the validity of the divorce by attacking the party's domicile in the other state, but if domicile was valid so is the divorce
-Estoppel: Certain parties are estopped from attacking including: (i) parties to the prior proceedings, (ii) person who accepts a foreign divorce and remarries in reliance thereon.

Front 11

Domestic Relations
-Alimony and Property Rights

Back 11

-Bilateral divorce is generally conclusive as to alimony and property rights
-Ex Parte divorce serves only to grant the divorce; generally will not affect property rights or right to support. Such can only be done by a court with jurisdiction over both parties.
-Exception: In ex parte divorce, a court may adjudicate both parties' rights to marital property located within the forum state, if that state has sufficient minimum contacts with the defendant and the property.

Front 12

Domestic Relations
-Child Support

Back 12

Under the Full Faith and Credit for Child Support Orders Act, full faith and credit must be given to F-1's child support order where the parties had reasonable notice and an opportunity to be heard.

Front 13

Domestic Relations
-Modification of child custody

Back 13

Governed by Uniform Child Custody Jurisdiction and Enforcement Act. A court has jurisdiction to make an initial custody determination if it is in the child's "home state," and all other state's must respect it.