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30 Cards in this Set

  • Front
  • Back
3 exceptions to the finder of lost property rule
- where finder is a trespasser
- master will prevail over the servant finder
- highly private locus (office, home)
Requirements of an intervivos gift
- Donative intent (intent to pass title)
- Delivery
- Acceptance (as long as dont reject)
Is this sufficient for delivery of a gift:
donor writes out a check/note to donee and gives it to donee
No - must be cashed
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
Yes, even if not endorsed (applies to stock certificate too)
What is required for a gift causa mortis:
gift must be made under a fair degree of certainty that death is imminent and likely
When is there a bailment
when the bailee has taken custody of the property with the intent to be a bailee
When is the bailee strictly liable to the bailor
Misdelivery (even when prompted by a forged document - except for forged valet claim check)

Unauthorized use
requirements of a common carrier
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)
Is a judgment from another state entitled to full faith and credit
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
Defenses to recognition of judgment under full faith and credit
- 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)
Defenses not sufficient to block full faith and credit recognition
- tax judgment
- underlying action contrary to public policy
- inconsistent judgment
- mistake of judge (estopped b/c should have appealed)
Will judgment from a foreign country be recognized in the US
- 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
who has the burden of proof on attacking recognition of divorce
spouse contesting the divorce
who can attack a divorce
any interested person who is not 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
constitutional implications on choice of law
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
In VA, what rule is applied to determine choice of law
Vested rights rule
Choice of law for a tort case
Generally, use the law of where the harm occurred

- where rule governed the action - use this rule regardless of where actual harm took place
- defamation - use law of place of publication
Choice of law for a contract case (dealing with formation, terms, interpretation, validity)
where the contract was entered into (place of acceptance)
- 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
Choice of law for a contract case (performance)
all issues relating to performance are governed by law of the place where performance is to take place
Choice of law for a personal property case
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
Defenses to application of another states law under choice of law
- law is procedural
- law is against STRONG public policy of recognizing state
- law is penal
procedural or substantive: burden of proof
procedural or substantive: statute of limitations
Procedural (except for borrowing statute - will bring in a shorter SOL from other state)
procedural or substantive: rebuttable presumptions
procedural or substantive: counterclaim
procedural or substantive: contributory/comparative negligence & contribution
procedural or substantive: SOF
procedural or substantive: irrebuttable presumption
procedural or substantive: parol evidence
procedural or substantive: survival of action after death