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10 Cards in this Set
- Front
- Back
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Methods of Estopping Attacker who claims no domicile in Divorce
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(1) Subject to personal jurisdiction during divorce
(2) Played meaningful role in procuring the divorce; (3) in privity with a party to the divorce; (4) spouse remarried in reliance on the divorce |
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Selecting a New Domicile
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(1) legal capacity (can fend for yourself);
(2) presence in the new state; (3) intent to remain for the foreseeable future |
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Does NY look at words or acts in determining intent for domicile
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Acts
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Constitutional Test for choice-of-law
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Does state have SIGNIFICANT CONTACTS giving rise to a SIGNIFICANT INTEREST in seeing its law applied
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Babcock True Conflict rule
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Forum law unless interest of other jurisdiction is much greater
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Disinterested Forum Conflict Rule
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Apply law closest to NY OR one that is better
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Un-provided for Conflict Rule
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NY law
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Can parties select law for contract validity
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Yes, if
(1) doesn't violate a PUBLIC POLICY of a state with a greater interest; (2) state has a SUBSTANTIAL RELATIONSHIP to the parties or transaction; (3) Choice is FREE OF DURESS |
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what law is insurance policies governed under?
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State where policy was written
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Situs rule for real property
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Law of witus
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