Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

37 Cards in this Set

  • Front
  • Back
What are 3 choice of law doctrines
1) RS 1 vested rights
2) RS2 significnant interest
3) Governmental interest
Explain constitutional limits on all choice of law doctrine
Must have signifincant contacts or interests or not consitutional
Explain R1 vested rights interests?
Law of state where vesting occurs? If tort then place of injury, if contract than either place of performance or formation problem, if corp then where incorporated, and if property then where property located
If personal property intervivos then which state is relevant>?
situs at time of transaction not where located (car bought in IL then IL situs)
If personal property inheritance then which state is relevant?
domicile at date of death of decedent
Explain 2nd RS Most signifincant relationship approach?
Ct applies law of the state most significantly related to outcome of the litigation by looking at the connecting facts and policy principals.
Approach for RS 2 approach
1) talk about most signifincant facts
2) talk about policies
Most signifincant facts for torts (4)
1. Place of injury ***Most significant
2. Place of conduct causing injury
3. Place of the home state of the parties (domicile)
4. Place where relationship if any between the parties is centered
Most significant facts for contracts (5)
1. Place of negotiation
2. Place of execution
3. Place(s) of performance
4. Place of home state of P and D
5. Place where the subject matter if any is located

Capacity=governed by law of domicile of party involved
Most significant facts for real and personal property
Intervivos personal property=place of transaction
Inheritance personal property=domicle of decedent at dod
Explain Governmental interest choice of law approach?
Apply forum as long as it has an interest
Explain Gvt interest approach?
Forum applies it own laws as long as it is true conflict and has its own interest. But if forum has no interest then false conflcit and applies law of another state that has interest
3 part test for FFC to be given by recognizing state?
1. Jurisdiction proper in rendering court
2. Judgment on merits (DJ's are on merits)
3. judgment final (no FFC if modifiable)
5 defenses to FFC
1. No FFC to penal judgments (State penalized, but not if private person penalizes) (tax judgments are not penal)
2. Judgment procured by extrinsic fraud (never could have been dealt with) (EX J taking bribe)
3. no jurisdiction
4. not final
5. not on merits
4 bad defenses that will never work to defeat FFC recognition?
1. Extrinsic fraud (lying on stand)
2. Tax judgments are not penal
3. Judgment contrary to recognizing state's public policy (if gambing illegal in recognizing will still be given FFC)
4. Mistakes of Law or fact (should have been appealed in rendering state court's appellate court)
Difference between sister state judgment and foreign country judgment?
sister state in US rendering state and foreign courty is rendering foreign country judgemnt
wHAT IS REquirements for US ct to give FFC to rendering foreign country] judgment
i. Jurisdiction proper/MC + ii. Fair procedures used such as cross-examination allowed)
Can ex parte divorces be granted?
Yes if 1 domiciled for statutory time but look at intent for domicile, and not good for ancilliary matters
When can person not attack divroce decreee? 4 defenses
i. Person subject to PJ in earlier proceeding
ii. Person played meaningful role in earlier proceeding (paid its expenses)(agreed to rendering state)
iii. Person in privity with parties to earlier proceedings
iv. Person married or remarried in reliance on earlier proceeding
How is jurisdiction property for custody
Where child's lives with parent (child's home state) unless significant contacts with another state or emegrgency
Where is PK proper for ancilliary matters?
Ct must have proper PJ over both spouses
Explain divisible divorce decree
Divorce entered ex parte and so is ancilluarty matters then just FFC to divorce
2 requirments for domicile
1) physical presence
2) intent to stay indefintely
Explain domicile by operation of law
when person has no capacity then ct will assign domicle
Explain domicile by operation of law for infant?
domicile is infant's parents and if divorce then where physical custody parent lives
Explain domicile by operation of law for mental incompetent
domcile of parents unless was normal before incompetent then where ever he was before
If law at issue is procedural which state's law governs?
State ct sitting in
Exceptions where S of L not considerd procedurally 3 of them
i. If time limit set by k then these will govern
ii. Borrowing statutes(ct will apply shorter time limit)
(EX: Suit filed in IA based on auto accident in KT. KT has 1 yr S of L, and IA is 2 yr and borrowing. Ct will apply KT because shorter
iii. Statute conditions substantive right (When forum after choice of law decides to apply the law of another state, but law of another state has its own S of L in that law, then forum will apply whole statute and disregard its own procedurial S of L)
What state law's governs choice of law?
Whatever state ct is sitting in unless transfeorr then use transferor 's choice of law choice
If workers comp claim does conflict of laws appluy
NO ct applies its own workers comp statute
Worker can recovery under worker comp and common law torts as long as what
Defendant does not have immunity which employers will have
generally rule on FFC to marriages? Exception
If valid where performed then valid everywhere

Exception =parties in bad faith went to another state to avopid prohibitory rule of their state then their state will not give FFC (going to KT to marry brother and then come back to IL)
What is one way to use forum law when foreign law has more interest?
Chatacterize the law at issue as procedural rather than substantive (Ex Contributory neg is substnative but could characterize as procedural to apply forum
What is sweetcheekies high game
who is mike miller's favorite girl
what is mike miller's highgame
what is clarebear's high game