Va Bar Personal Property And Conflicts

Front 1

3 exceptions to the finder of lost property rule

Back 1

- where finder is a trespasser
- master will prevail over the servant finder
- highly private locus (office, home)

Front 2

Requirements of an intervivos gift

Back 2

- Donative intent (intent to pass title)
- Delivery
- Acceptance (as long as dont reject)

Front 3

Is this sufficient for delivery of a gift:
donor writes out a check/note to donee and gives it to donee

Back 3

No - must be cashed

Front 4

Is this sufficient for delivery of a gift:
donor hands donee a check or a note made out to the donor by a 3rd party

Back 4

Yes, even if not endorsed (applies to stock certificate too)

Front 5

What is required for a gift causa mortis:

Back 5

gift must be made under a fair degree of certainty that death is imminent and likely

Front 6

When is there a bailment

Back 6

when the bailee has taken custody of the property with the intent to be a bailee

Front 7

When is the bailee strictly liable to the bailor

Back 7

Misdelivery (even when prompted by a forged document - except for forged valet claim check)

Unauthorized use

Front 8

requirements of a common carrier

Back 8

i. must be holding out to perform the service for all who apply
ii. carriage must be for hire (pay not free)
iii. service must be for carriage (transport only)

Front 9

Is a judgment from another state entitled to full faith and credit

Back 9

Full faith and credit requirements (determined by law of rendering state):
- Judgment on the merits - not on SOL, etc. (but default judgment is on merits b/c had opportunity)
- Finality of judgment - unmodifiable
- rendering court had personal subject matter jursidiction

Front 10

Defenses to recognition of judgment under full faith and credit

Back 10

- judgment was penal - will not recognize judgment of another state criminal sanction (or civil fine) - only where winner was government

- where judgment procured via extrinsic fraud (could it not have been dealt with at the earlier trial, then it is extrinsic)

Front 11

Defenses not sufficient to block full faith and credit recognition

Back 11

- tax judgment
- underlying action contrary to public policy
- inconsistent judgment
- mistake of judge (estopped b/c should have appealed)

Front 12

Will judgment from a foreign country be recognized in the US

Back 12

- if it meets the comity 2 party test:
- jurisdiction was proper in the original case (comported with fair play and substantial justice/due process)
- procedures were fair

Front 13

who has the burden of proof on attacking recognition of divorce

Back 13

spouse contesting the divorce

Front 14

who can attack a divorce

Back 14

any interested person who is not estopped

Estopped:
- spouse that was subject to personal jurisdiction at time of divorce
- spouse that played a role in the divorce
- family members or kids in privity with spouse
- someone who relied on that divorce decree cant later contest

Front 15

constitutional implications on choice of law

Back 15

Due process clause
Full faith and credit clause

Will be satisfied if: state whose law is applied must have significant contact with the parties or the subject matter of the litigation giving it a legitimate interest in having its law applied

Front 16

In VA, what rule is applied to determine choice of law

Back 16

Vested rights rule

Front 17

Choice of law for a tort case

Back 17

Generally, use the law of where the harm occurred

Exceptions:
- where rule governed the action - use this rule regardless of where actual harm took place
- defamation - use law of place of publication

Front 18

Choice of law for a contract case (dealing with formation, terms, interpretation, validity)

Back 18

where the contract was entered into (place of acceptance)
Exceptions:
- where parties chose the law
a. for matters of construction - can choose anywhere
b. for matters of validation:
can only choose where the parties have a reasonable relation to the state, where contract would not be contrary to public policy, and where the contract is not one of adhesion
- UCC - choose law of forum as long as forum has substantial relationship to transaction (unless secured transaction)


- in usury case choose where the transaction would be validated

Front 19

Choice of law for a contract case (performance)

Back 19

all issues relating to performance are governed by law of the place where performance is to take place

Front 20

Choice of law for a personal property case

Back 20

Usually law of the situs unless dealing with intestate distribution then law where decedent was domiciled OR Secured transaction then law of where debtor is located

Front 21

Defenses to application of another states law under choice of law

Back 21

- law is procedural
- law is against STRONG public policy of recognizing state
- law is penal

Front 22

procedural or substantive: burden of proof

Back 22

procedural

Front 23

procedural or substantive: statute of limitations

Back 23

Procedural (except for borrowing statute - will bring in a shorter SOL from other state)

Front 24

procedural or substantive: rebuttable presumptions

Back 24

procedural

Front 25

procedural or substantive: counterclaim

Back 25

procedural

Front 26

procedural or substantive: contributory/comparative negligence & contribution

Back 26

substantive

Front 27

procedural or substantive: SOF

Back 27

substantive

Front 28

procedural or substantive: irrebuttable presumption

Back 28

substantive

Front 29

procedural or substantive: parol evidence

Back 29

substantive

Front 30

procedural or substantive: survival of action after death

Back 30

substantive