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19 Cards in this Set
- Front
- Back
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When will a NY court recognize the judgment of a sister state?
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1. Valid jurisdiction in the rendering court over both parties and subject matter
2. Judgment was final (even non-final prob in comity) |
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When will a NY court not recognize the judgment of a sister state?
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1. Penal judgment (judgment against public where gov is winner)
2. Extrinsic fraud (bribed judge) |
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When will a NY court recognize the judgment of a foreign country?
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Two part comity test
1. Jurisdiction was proper 2. Fair procedures were used in the foreign country |
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A NY court will enforce a divorce decree from another state if _______.
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1. It has subject matter jurisdiction
2. One of the spouses was domiciled in the other state when the divorce was rendered |
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Court granting alimony or child support must have ______ over the spouse whose property rights are in issue.
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Personal Jurisdiction
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Court granting child custody must have _________ over the child (child's home state).
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Personal Jurisdiction
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What is the divisible divorce doctrine?
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If a divorce decree has parts that are good and others that are bad, you keep the good and ignore the rest
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What is the rule for domicile by operation of law?
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If a person has no legal capacity to acquire domicile of choice the person will be assigned one by operation of law
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Where is a child's domicile?
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1. Where parents are domiciled
2. If parents divorced – parent with physical custody |
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Where is the domicile of married woman apart from husband?
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1. Today – like anyone else
2. Old Rule – domicile of husband |
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Generally, when there is a conflict of laws, what do you do?
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Apply the 5 factor Babcock balance of interest test and then apply Neumeier more specific tests
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What do you do when there is a conflict of laws involving torts?
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Apply babcock test and then 3 step Neumeier test
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Under the Neumier test what law applies when P and D are from the same state.
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The law of that state.
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Under the Neumier test what law applies when P and D are from different states?
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1. If law of the state where accident occurs helps that state's citizen, then that state law will apply
2. If the law of the place where the accident occurred does not help its citizen, then still apply law of the place of injury unless the other jurisdiction has a greater interest in the outcome |
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What is the proper choice of law for a contract?
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Look to contract construction. If parties did not choose use babcock test
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What is the proper choice of law for real property?
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Situs of the property
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What is the choice of law rule for large contract in ny?
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1. If K more than 250k parties can choose NY law even if K has no connection to NY
2. If K is for not less than 1 million and parties choose NY law in K then parties may also use NY as forum and court cannot dismiss for forum non conveniens |
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What is the proper choice of law for personal property disputes?
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Generally, the situs of the property unless its a decedent's property who died intestate ---> use domicile at death
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What is the proper choice of law for inheritance disputes?
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Non-NY domiciliary can choose NY law in a will to apply to the disposition of NY assets
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