Conflicts Of Law

Front 1

Where can statutory remedies be sought?

Back 1

Statutory remedies may not be pursued in the courts of the state having such remedies when the cause of action arises in another state.

Front 2

Which state law controls for alienating of affection?

Back 2

The state where the conduct occurred will control.

Front 3

Incapacity Rule

Back 3

When a K is entered into in one state but is to be performed in another, incapacity rules of the state of performance control.

Front 4

Contract validity telephonically

Back 4

When a contract offer and acceptance are made telephonically in different states, the law of the state where acceptance is made controls to k validity.

Front 5

What is domicile?

Back 5

Domicile is an actual or inchoate residence with no intention to make a domicile elsewhere.

Front 6

Domicile and distribution of personal estate

Back 6

The law of the state in which a decedent had his domicile when he died will control the distribution of his personal estate.

Front 7

Marriage validity

Back 7

In NY, a marriage valid in the state of its solemnization will be considered legal in NY.

Front 8

Extraterritorial application of divorce

Back 8

WI law forbidding marriages w/in one year of a divorcee's divorce has extraterritorial application.

Front 9

Validity of instrument affecting title in another state

Back 9

An instrument affecting title to IL real property will not be valid if under the law of the place it was executed the instrument was void.

Front 10

What is Renvoi

Back 10

Doctrine under which courts resorting to foreign law adopt foreign law's conflicts-of-law principals as well.

Front 11

When is a choice of law question arise?

Back 11

When neither party raises a conflict of law issue, the forum law applies.

Front 12

What are the goals of conflict of law principals?

Back 12

1) Uniformity
2) Predictability
3) Certainty
4) Consistency
5) Territoriality - state's rights and interests of what occurs w/in its boarders.

Front 13

What is Vested Rights Approach?

Back 13

Rights vest under the laws of a particular jurisdiction. After they are vested, they are to be recognized, enforced, and protected in any jurisdiction where the case may be tried.

Front 14

What are the different types of approaches?

Back 14

1) vested rights
2) traditional approach
3) new learning

Front 15

What are the steps to a vested right approach?

Back 15

1) Characterization
2) Identification
3) Localization
4) Procedural or Substantive
5) Does Public Policy exception apply

Front 16

What is Characterization?

Back 16

Characterization is determining the type of legal issues the case presents (i.e., tort, contract, etc)

Front 17

What is Identification?

Back 17

Identification is identifying the dispositive event for the choice of law purposes.

Front 18

What is Localization?

Back 18

Localization is where the event occurred.

Front 19

Procedure

Back 19

Procedural issues are governed by the law of the forum.

Front 20

Substantive

Back 20

Substantive issues use the law from the state chosen through choice of law approach

Front 21

What is the Public Policy Exception?

Back 21

An act is offensive to public policy when it violates a fundamental principle of justice, a prevalent conception of good morals, deep-rooted tradition of common wheal (general state of well-being).

Front 22

What is a True Conflict?

Back 22

1) When the laws of the respective jurisdictions differ as to the particular issue, and each jurisdiction has a legitimate basis for the application for its rule of law.
2) This occurs when it is difficult to find a valid basis for rejecting the law of all interested jurisdictions except one.

Front 23

What is a False Conflict?

Back 23

1) When the rule of law do not differ;
2) or when the rules differ but only one jurisdiction has a legitimate basis for the application of its law
3) preferred by courts, because there is only one jurisdiction with a valid base for the application of its law

Front 24

What is Zero Interest?

Back 24

1) When the rules differ, but none of the jurisdictions with the different rules have a legitimate basis for the application of their differing rules.

Front 25

What is Most Significant Contact Approach?

Back 25

1) Also called "Center of Gravity Approach"
2) Applying the law of the place with the most significant contacts with the matter in dispute

Front 26

What are the relevant determinants for center of gravity approach?

Back 26

1) Domicile
2) Registration of car and insurance
3) Why the rules: reasons and policies

Front 27

What is the Klaxon Rule?

Back 27

A federal court sitting in diversity will apply the choice of law principles of the State in which it sits.

Front 28

What is conflicts of law an issue of?

Back 28

Conflicts of laws is mostly an issue of comity, not compulsion.

Front 29

What are the Types of Jurisdictions?

Back 29

1) Judicial Jurisdiction: whether a ct can require parties to litigate in the forum.
2) Legislative Jurisdiction: power to apply particular law to resolve the dispute once the parties are properly before the court. Does the state have the power to apply particular law to a particular issue?

1) Specific: only subject to jurisdiction for a COA related to the specific contact.
2) General: contacts are so extensive that jurisdiction is proper as to any claim arising anywhere.

Front 30

What is the Rest 1 Traditional Method?

Back 30

1) Characterize the case;
2) Determine the decisive event or occurrence for this COA;
3) Determine where the decisive matter occurred;
4) Application

Front 31

What is the Rest 1 Torts Approach?

Back 31

In any tort situation, the law of hte place of the wrong (where the injury is suffered, lex loci) should be applied.

Note: does not distinguish btwn intentional and non-intentional torts

Front 32

Carrol Rule for Negligent Torts:

Back 32

The governing law is the law of the State in which the injury occurred (the last event needed to sustain injury, cast the actor in liability, i.e., where a person gets sick or hurt)

- Incidental places of domicile or Ks are irrelevant. A K may establish a rltnshp (e.g., master-servant), but it does not establish the rights of those parties in a negligence action, unless a clear choice of law provision exists.

- It is insufficient if the negligence occurred in one state and the injury from which manifested in another. It is the injury, not the negligent act, which gives rise to the action.

Only the sovereign where the injury occurred can act legitimately as to the act.

Front 33

What is the Marra Rule for Intentional Torts?

Back 33

Where the goal is punitive, the place of injury may be construed as the place where the intentional conduct occurs, if the former would preclude a COA.

Front 34

What is the Rest 1 to K Approach?

Back 34

In Contracts:
(1) the place of contracting/execution applies to govern issues of formation (construction, interpretation, validity, and capacity)
(2) where the issue is re: performance, the law of the place of performance governs as to breach.

Front 35

What is the Poole Rule?

Back 35

Where the parties make a K that, on its face, is to be discharged/performed in a State other than the one in which it is executed, in the absence of a choice of law provision, the parties are presumed to have intended the law of the state of performance to govern.

Front 36

What is the Acceptance Rule?

Back 36

If by mail or telegraph, the law of the place where mailed.

If by telephone, the law of the place where acceptance is spoken will govern.

Front 37

What is the White Rule for Domicile?

Back 37

Domicile requires:
(1) fact of residency;
(2) intent to remain indefinitely.

Policy: law of decedent's domicile governs the intestate distribution of his estate b/c a person's property is likely to be located there.

Front 38

What is the Rest First Approach for Real Property?

Back 38

Land is governed by the law of the state where the land is located.

When determining the transfer, capacity of parities to make such transfer & the validity, construction, force and effect of instrument affecting the title to land.

Front 39

What is the Rest Corporations Approach?

Back 39

Generally, the law of the state of incorporation governs.

Contract's exception: local law may apply where a foreign corporation has sufficient contacts to warrant (due process/reasonableness) applying such law. Look at: (1) extent of availment; (2) whether the claim arises from or relates to acts in the forum.

Front 40

What is the Rule for Trusts?

Back 40

1) If the conveyance is INTERVIVOS capacity to convey and validity of conveyance are governed by the law of the state where the chattel is situated at the time of conveyance - even if it may be invalid under a persons domicile.

1) If the conveyance is TESTAMENTARY (will or intestacy or marriage settlement) validity of trust is governed by law of decedent's domicile.

Front 41

What is Rest First Personal Property Approach?

Back 41

Essential validity of transfer determined by law of the state where the chattel is at the time of conveyance.