Conflict Of Laws Test

Front 1

What are the three criteria for full-faith and credit

Back 1

1) The court hadjurisdiction or parties and subject matter

2) Judgment was on themerits of case

3) Judgment is final

Front 2

What is a Bar and what is a Merger in regards to a judgment?

Back 2

Bar: A losing plaintiff is barred from re-suing a winningdefendant on the same cause of action. Merger: A winning plaintiff may not re-sue a losing defendant.

Front 3

Defences to prevent the judgment from being recognized inthe defendants home state include? (2) (must talk about this)

Back 3

1) Penal judgment - courts will not enforce this kind of judgment.

2) Extrinsic but notintrinsic fraud (not intrinsic fraud)....Extrinsic fraud isfraud that could not have been dealt with in the earlier trial.

Front 4

How does the court determine domicile and what is it a questions of?

Back 4

1) physicalpresence...and 2) intention to bedomiciled (intention to remain somewhere indefinitely; courts will not look atunderlying motive)...it's a question of fact.

Front 5

How can a child establish domicile? (2)

Back 5

Child est domicile by leaving home or reachingage of discretion (The standard – the ability to fend for yourself.)

Front 6

Guest Passenger and Driver have 1) same domicile; 2) accident in a different state...whats their domicile and why?

Back 6

· Same Domicile – whenguest-passenger and host-driver share a common domicile, the laws of that statecontrols.Split Domicile – laws of the state where thetort happened controls.

Front 7

When does the court apply the law of the place of the tort under vicarious liability?

Back 7

Where there are relatively few or no NYcontacts, court of appeals will apply law of place of tort.

Front 8

Dram Shop Act - whats the rule between states?

Back 8

If liquor is served instate w/o Act and accident happens in state with Act, the state with DS Actwould not apply its own law.

Front 9

if plaintiff suffers injury in more than onestate which states act should you apply?

Back 9

apply the law of theplaintiff’s domicile.

Front 10

What choice of law governs a contract conflict of laws? And give the exception...

Back 10

choice indicated in contract rules unless it’sadhesion or non-consensual;

Front 11

What choice of law governs a insurance K under conflict of laws?

Back 11

law of state where thepolicy was written controls when issue between insurer and insured (regardlessof where accident occurred)

Front 12

What choice of law governs property (personal and real) under conflict of laws?

Back 12

the situs

Front 13

Whats the exception to passing property via intestate succession?

Back 13

If the issue ispassing of personal property by intestate succession, the state chosen isthe state of the deceased’s domicile at death.

Front 14

Under inheritance, what choice of law governs real property under conflict of laws?

Back 14

situs

Front 15

Under inheritance, what choice of law governs personal property under conflict of laws?

Back 15

Personal Property –law of where the decedent was domiciled at death.

Front 16

What choice of law governs divorces?

Back 16

Divorces are governedby the law of plaintiff’s domicile.