Conflicts Of Laws

Front 1

Which state's law will govern with the respect to the inheritance of real property?

Back 1

The law of the situs will govern the inheritance of real property, in both the context of wills and intestacy.

Front 2

Situs

Back 2

The location of the land.

Front 3

Which state's law will govern with the respect to the inheritance of personal property?

Back 3

The transfer of personal property is ordinarily governed by the law of the decedent's domicile at the date of death in the case of intestacy and usually in cases where there is a valid will.

Front 4

What is the choice of law approach of a federal court sitting in diversity?

Back 4

A federal court sitting in diversity must employ the same choice of law approach as that used by the state courts of the forum state.

Front 5

Under the Second Restatement approach for choice of law, what is the default rule for most tort cases?

Back 5

The law of the place of injury will govern in most tort cases, unless another state can be demonstrated to have a more significant relationship to the litigation at issue.

Front 6

Under the First Restatement approach for choice of law, what is the default rule for most tort cases?

Back 6

The law of the state which was the place of the wrong. For almost all torts, the law of the place of the wrong is defined as the place of injury, or where the plaintiff's rights vested.

Front 7

What state's law will apply in matters of real property?

Back 7

The law of the situs, regardless of the choice of law approach adopted by the forum.

Front 8

Second Restatement Choice of Law Approach

Back 8

The "most significant relationship" approach.

Under this approach, the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.

Front 9

First Restatement Choice of Law Approach

Back 9

The "vested rights" approach.

Under this approach the court will apply the law of the state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.

Front 10

Choice of Law, Stock Paragraph 1

Back 10

The issue presented is which state's law will govern the outcome of this litigation. The governing law will be selected by the forum using the __________ approach.

Front 11

Interest Analysis Choice of Law Approach

Back 11

Under this approach the court will consider which states have a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum state has no legitimate interest, it will apply the law of another interested state.

Front 12

Choice of Law Clauses in Contracts

Back 12

Parties will be permitted to specify the law that governs the contract unless the chosen law:

1. violates a fundamental policy of a state with a materially greater interest than the chosen state;

2. contradicts a policy of the most interested state (unless there is a substantial relationship to the chosen state); or

3. was procured by fraud, mistake, or coercion

Front 13

Recognition of the Judgments of Foreign Countries

Back 13

The judgments of foreign countries are often recognized in the US as a matter of comity.

Front 14

Domicile

Back 14

An individual is domiciled in the state she considers to be her primary home. This requires physical presence in the state and an intention to remain in the state indefinitely. An individual cannot have more than one domicile at any given time.

Front 15

Ex Parte Divorce

Back 15

A divorce based on the domicile of only one spouse. The other spouse need not be present, and personal jurisdiction is not required over the absent spouse.

Front 16

What is the jurisdictional predicate for a valid child custody order?

Back 16

A child custody determination may only be made in the child's home state, defined as the state where the child has lived for the last six months.

Front 17

Statutes of Limitations

Back 17

Traditionally, statutes of limitation are procedural, so the forum will apply its own unless an exception applies (such as a borrowing statute).

The modern trend treats statutes of limitations as substantive law, and so requires the application of the statute of the state chosen by the choice of law approach.

Front 18

Under the First Restatement approach for choice of law, what is the default rule for contracts cases?

Back 18

The state of the place of contracting governs issues related to validity and enforceability (e.g. contractual capacity, contractual formalities, consideration, etc), and the state of the place of performance governs issues related thereto.

Front 19

Full Faith and Credit Clause

Back 19

Judgments rendered in one US state must be recognized and enforced by federal courts and the courts all other US states.

EXCEPTION: judgments obtained through extrinsic fraud are not subject to enforcement in the recognizing state.

Front 20

When is a state court judgment entitled to full faith and credit?

Back 20

1. It is final;

2. It is on the merits; and

3. It is based on a proper assertion of jurisdiction.