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11 Cards in this Set
- Front
- Back
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If a law is procedural, which state law controls?
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The law of the forum state.
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What types of laws are considered procedural?
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1. Burden of proof
2. Statutes of limitations in general 3. Statute of Frauds |
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What types of laws are considered substantive?
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1. Statutes of limitation that are embedded in the statute creating the right
2. Damages in general 3. Parole evidence rule |
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What are the defenses applicable to conflict of laws?
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1. Law is procedural
2. Law seriously violates forum state's public policy 3. Law is penal |
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If the parties choose the law to be applied for matters of K validity, what requirements must be met?
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1. Not contrary to public policy
2. Reasonable relationship between state and parties 3. Choice was free of duress |
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What rule applies in usury cases?
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Court will apply the law of the state that would uphold the validity of the transaction as long as the state has some relation to the transaction.
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If the parties choose the law to be applied for matters of K construction, what requirements must be met?
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None, parties can K into use of any law.
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If the UCC applies to the K, what which state's laws will apply?
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Use the law of the forum as long as it has a substantial relationship to the transaction.
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Which state's laws apply in real property cases?
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Situs rule (location of property)
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Which state's laws generally apply in personal property cases?
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Situs rule (location of property)
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Which state's laws apply to personal property that falls under the UCC/secured transactions rules?
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Laws of debtor's residence or place of business.
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