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
Reading...
Front

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

image

Play button

image

Play button

image

Progress

1/64

Click to flip

64 Cards in this Set

  • Front
  • Back
Ala. Great So. R.R. v. Carroll
[Traditional, nonintentional torts, p. 1] Here, R.R. employee injuried in Miss., brings action in Ala. under Ala. law; held, no recovery in Ala. for injuries sustained in Miss. unless actionable under Miss. law, no injury in Ala.; decided under 'lex loci delecti'
What is the traditional approach to nonintentional torts?
[Traditional, nonintentional torts, p. 1] Lex loci delecti, the law of the place of the injury
Lex loci delecti
[Traditional, nonintentional torts, p. 1] Law of the place of the injury; the law applicable is the place of the injury if it is remediable there; see. Ala. Great So. R.R. v. Carroll
What is the traditional approach to intentional torts?
[Traditional, intentional torts, p. 1] Lex loci delecti, the law of the place of the injury; also, in Marra v. Bushee, included significant interest test: which State has the dominant interest in the outcome of the case
Significant interest test
[Traditional, intentional torts, p. 1] The State that has the dominant interest is the law that should apply
Poole v. Perkins
[Traditional, contracts, p. 2] Husband and wife in Bristol, Tenn., after they move to Bristol, Va., bank tries to execute provisions of contract against them; held, that the law of the place of performance prevails: even though she did not have capacity to contract in Tenn., she did have that capacity under Va. law; contract upheld
What is the traditional approach to contracts?
[Traditional, contracts, p. 2] Law of the place of performance; sometimes, law of the place of contracting; see Poole v. Perkins
What is the Law of the place of agreement
[Traditional, contracts, p. 2] Some common law jurisdictions held that the law of the place where the offeree accepted was the forum law
White v. Tenant
[Traditional, domicile, p. 2] Here a man dies in one State after having spent most of his life in another; the Court holds that the law of the place of domicile, in this case W. Va., prevails over the law of the place of actual location
What is the Law of the place of domicile
[Traditional, domicile, p. 2] It is the domicile of the person whose estate is being administered which applies in cases of conflict of law; the actual location of the person's residence may not be the domicile
Factors to determine domicile in questions of law of the place of domicile
[Traditional, domicile, p. 2] (1) Intent for domicile; (2) where they are actually located
Is present intent to establish a new domicile at the time of death sufficient to establish a new domicile?
[Traditional, domicile, p. 2] No, under In re Estate of Jones, present intent has not yet established the new domicile, thus, the law of the place of domicile applies -- in that case, causing domicile to revert from the intended Wales to the actual Iowa
What is the traditional approach to marriage?
[Traditional, marriage, p. 4] Lex loci celebrationis, the law of the place where the marriage is celebrated applies so long as that law is not repugnant to public policy
When does lex loci celebrationis not apply?
[Traditional, marriage, p. 4] If the lex celebrationis is repugnant to the public policy of the forum state
If is lawful in State B for two persons to marry, but unlawful as against public policy in State A, the State of their domicile, whose law prevails?
[Traditional, marriage, p. 4] Under lex loci celebrationis, the law of the state where the marriage is celebrated generally applies, but if that law is repugnant to the public policy of the forum State, it may be overruled; see Lanham v. Lanham
In the Williams Cases, why were the couple ultimately guilty of bigamous cohabitation?
[Traditional, marriage, p. 4] Because the N.C. ct. held their domicile to be a sham under Nev. law; thus, even though Full Faith & Credit protected the Divorce Decree from Nev., it did not touch on a finding of domicile, since the Nev. cts. had not rule on Domicile
What is the traditional approach to real estate?
[Traditional, real estate, p. 6] Lex loci rei sitae; the law of the place where the thing is situated (the situs)
What theory of conflict of law applies to a real estate contract under the traditional approach?
[Traditional, real estate, p. 6] The law of the place where land is located (lex loci rei sitae) applies, and the parties' executing instruments affecting title thereto are presumed to refer to the law of the situs (majority view); but cf. Burr v. Beckler: held, that while the law of the place of performance may govern the real estate contract and the enforcement of the contract terms, the law of the place where the property is situated still applies for the land itself (minority view)
What is the traditional approach to corporations?
[Traditional, corporations, p. 8] Lex loci incorporationis, the law of the place of incorporation governs the internal affairs of the corporation, e.g., elections, officers, shareholders, management, dividends, etc. (rationale: because the State that incorporated the corp. "birthed" the corp., they are responsible for governance and construction of its charter under its own laws; cf. Del. Corp. Law); some States make "public policy" exceptions
What is the internal affairs doctrine?
[Traditional, corporations, p. 8] Another term for lex loci incorporationis, that the law of the place of incorporation governs internal matters respecting the corporation in question
When is "piercing the corporate veil" important to corporations conflicts of law?
[Traditional, corporations, p. 8] If a ct. pierces the corporate viel, it may then forego lex loci incorporationis, since it will be considering a private individual; see Jefferson Pilot Broadcasting Co. v. Hilary & Hogan, Inc.
What is the traditional approach to personal property?
[Traditional, personal property, p. 10] Lex loci rei sitae, the law of the place wherein the property is located
How would the law of the place of marital domicile affect the law of the place where in the property is located?
[Traditional, personal property, p. 10] In the case In re Popkin & Stern, two persons whose domiciliary state does not recognize a certain property status affects which conflicts rules apply; it precludes lex loci rei sitae because the lex celebrationis precludes a tenancy by the entirety, which is only grantable under marital law, i.e., lex celebrationis
For a trust, what law applies?
[Traditional, personal property, p. 10] Lex loci rei sitae, in the case of Hutchinson v. Ross, the law of the place where the trust was created, under a similar rationale as in Lex loci incorporationis
If a trust created in State A and extant in State A moves to State B, which law applies?
[Traditional, personal property, p. 10] Lex loci rei sitae, the law of the place wherein the property is situated, here State B
How does lex loci rei sitae apply to to stock and other transferrable instruments?
[Traditional, personal property, p. 10] Similar to lex loci incorporationis, the law of stock and other negotiable instruments is that of the State of the corporation who issued them
What is characterization in conflicts law?
[Wrinkles, characterization, p. 12] Characterization refers to what type of conflict rule is applied to a case
Haumschild v. Continental Casualty Co.
[Wrinkles, characterization, p. 12] In this case, the choice of how to characterize a case was outcome-determinative; if if was a tort case, result A, if family law, result B; this is the issue of characterization in conflicts law
Babcock v. Johnson
[Modern approach, interest analysis, p. 16] In this case, car injuries happen in Ontario; plaintiff brings action for tort in N.Y. Held, that law of the place of the tort no longer applies; instead, "relative contacts and interests" of N.Y. and Ontario control
What is the modern approach to conflict of laws?
[Modern approach, interest analysis, p. 16] The State with the more relative contacts and interests is the State whose law should prevail; see Babcock v. Johnson
Why does the Babcock ct. that changes from lex loci delecti to relative contacts and interests refer to Auten v. Auten?
[Modern approach, p. 16] Because this English case also examined "interests" instead of the traditional lex loci approach
Schultz v. Boy Scouts of America, Inc.
[Modern approach, interest analysis, p. 16] Here, a Boy Scout and his parents bring action for molestation done by Scoutmaster in N.J., where all parties domiciled, and in N.Y. were some molestation occurred; held, that N.Y. law of the jurisdiction with greatest interest applies, not lex loci delecti, and granted summ. j. Factors in greatest interest: (1) parties' domiciles; and (2) locus of the tort
What factors are considered in greatest interest approach to conflicts?
[Modern approach, interest analysis, p. 16] (1) parties domiciles and (2) locus of the tort; see Schultz v. Boy Scouts of America, Inc.
Lilienthal v. Kaufman
[Interest analyis, purpose, p. 18] Ore. spendthrift is sued by Calif. plaintiff, Ore. D seeks protection of Ore. spendthrift statute; held, that the law of the place where the contract was made, lex loci contractus, is not valid because of Ore. strong interest in applying its law
Milkovich v. Saari
[Better rule, p. 20] Resident of Ontario is in car accident in Minn., Ds call for law of Ontario to be applied; held, that the "better law", in the Ct.'s view the law of Minn., should apply
What is the "better rule"?
[Better rule, p. 20] Apply the "better" choice of law; see Milkovich v. Saari
Phillips v. General Motors Corp.
[Restatement (2d), p. 20] There was a product liability case that implicated Montana law and Kansas law, Q whether to apply Montana law; held, that Montana adopted Restatement (2d) of Conflicts which provides for applying the law of the State with the "most significant relationship" to the issues raised in the dispute
In the most significant relationship test, what is the relationship between?
[Restatement (2d), p. 20] Application of the law of the State to whom the issues raised in the dispute are most significantly related
What is renvoi?
[Modern Renvoi, p. 23] Where a State provides for the application of the law of a citizen of a foreign state, and that state's law provides for application of the law of the forum, an "oscillation" would occur between the two laws, causing them to go in a circle, or renvoi; held, that applying the law of the forum would cease the oscillation and end the renvoi
Paul v. National Life
[Modern public policy, p. 25] Here an accident in Indiana with W. Va. persons involves a question of whether to apply Ind. or W. Va. law; held, that W. Va. still applies lex loci delecti, but only where the lex of the loci delecti is not repugnant to the strong public policy of W. Va.
When can lex loci, when kept as law, still be overrode in the modern approach?
[Modern public policy, p. 25] When, as in Paul v. National Life, the public policy of the State applying lex loci is repugnant to the lex of the locus of the tort/contract/celebration, etc.
Allstate Ins. Co. v. Hague
[Const. Limits, p. 27]
What significant contacts must be present in a Restatement (2d) analysis of conflicts for the application to be const.?
[Const. limits, p. 27] Enough contacts to maintain fairness and equity
McCluney v. Schlitz Brewing Co.
[Const. limits, p. 27] Employee brought action against his Mo. employer for an employment contracted in Wis.; Q is whether it is const. to apply Mo. law to Wis. statute; held, that there were not significant contacts
Nevada v. Hall
[Obgliation/rt. to forum, p. 29] Accident in Calif. between Califs. and Nev.; Calif. applied interest analysis and applid Calif. law, this conflicted with Nev.'s public policy limiting damages to $25,000; held, that the Full Faith & Credit Clause does not require State to violate its own public policy in the pursuance of another State's public policy
Must a State, to uphold Full Faith & Credit, apply a foreign public policy repugnant to its own?
[Obligation/rt. to forum, p. 29] No, under Nevada v. Hall
What must a person have with a State for in personam jurisdiction?
[General jurisdiction, p. 30] Under Calder v. Jones, intentional contacts
World-Wide Volkswagen Corp. v. Woodson
[Purposeful availment/foreseeability, p. 30] In order to have minimum contacts, there must be a purposeful availment of the forum State based upon contacts, ties, or relations with the forum State
What may determine minimum jurisdictional contacts?
[Purposeful availment/foreseeability, p. 30] There must be purposeful availment of the forum state based upon contacts, ties, or relations
Zippo Mfr. Co. v. Zippo Dot Com, Inc.
[Conflicts & internet, p. 32] Establishes the framework of internet presence, with commercial websites, partially interactive, and passive; interactive makes it contacts, static is not, partially interactive is analyzed to determine level of interaction with the forum state, i.e., the level of interactivity and commercial nature of the exchange of information that occurs on the Web site; held, here, that there was enough interaction for it to be contact-forming in forum state
What are the three levels of interaction in internet jurisdiciton?
[p. 32] Interactive, partially interactive, and static
Cybelsell, Inc. v. Cybersell, Inc.
[purposeful availment, p. 32] Passive webpages are not enough to establish personal or subject matter jurisdiction in a forum state that otherwise has no contacts
America Online, Inc. v. Superior Ct. of Alameda County
[Consent-based jurisdiction, p. 33] P claims forum inconveniens, instead relying on contractual choice of law clause; despite consent of both parties to Va. as forum, Calif. ct. held that Calif. public policy would be violated
When can consent-based jurisdiction be overrode?
[Consent-based jurisdiction, p. 33] When the public policy of the forum State is repugnant to the application of the consent
Fall v. Eastin
[Jurisdiction requirements for jj., p. 36] In a divorce action, Wash. had jurisdiction over the parties, but the Wash. ct.'s order to make D convey land in Neb. was held invalid because of lack of jurisdiction of Wash. cts. to dispose of Neb. land
May a State with jurisdiction over the parties order one of the parties to convey land or property in another State?
[Jurisdiction requirements for jj., p. 36] Generally, no, especially not if the foreign property is real property; see Fall v. Eastin
How does the Restatement (1st) of Conflicts approach conflicts of law?
[Review, p. 40] Under a governmental interest analysis, which provided that whichever State had greater interest or closer contacts with the issues was the State whose law should be applied
What is the Restatement (2d) approach to conflicts?
[Review, p. 40] The State with the most significant relationship to the issues in the case is the State whose law should apply
What is the common law approach to torts conflicts?
[Review, p. 40] Lex loci delecti, unless repugnant to the public policy
What is the modern approach to torts conflicts?
[Review, p. 40] Either of the Restatement positions, i.e., interest analysis under Restatement (1st) or most significant relationship under Restatement (2d)
What is the law of conflicts of law with respect to marriage?
[Review, p. 40] Lex loci celebrationis, so long as it is not repugnant to public policy
What is a borrowing statute?
[Review, p. 40] A statute which "borrows" the statute of limitations from the State in which the cause of action arose
Explain the Zippo sliding scale.
[Review, p. 40] If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper. At the opposite end are situations where a defendant has simply posted information on an Internet Web site which is accessible to users in foreign jurisdictions. A passive Web site that does little more than make information available to those who are interested in it is not grounds for the exercise personal jurisdiction. The middle ground is occupied by interactive Web sites where a user can exchange information with the host computer. In these cases, the exercise of jurisdiction is determined by examining the level of interactivity and commercial nature of the exchange of information that occurs on the Web site.
Will a non-covenant marriage State recognize the lex loci celebrationis of a covenant marriage state?
[Review, p. 40] Probably not, since such would be contrary to the public policy of the forum State