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21 Cards in this Set
- Front
- Back
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What is the constitutional limitations on conflict of laws?
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State must have significant contacts with the parties which give it a legitimate interest in seeing it law applied
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Most generally, what does the Virginia conflict of laws rule declare?
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Law to be applied where the plaintiff's right vested
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What is it called when you apply different law to different claims?
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depecage
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What is called when you apply the whole law of the foreign state. What kind of action does it apply to?
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UCC actions
Renovoi |
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Generally, which law will apply for a tort?
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At place of injury
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What are exceptions to the tort's normal choice of law rule?
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1) Defamation = place of publication
2) It was not a tort/required to take action in state where tort occurred |
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What's the general rule for a contract?
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Apply the law of a place of making absent exception
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When will a choice of law provision in a contract be valid?
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1) If regarding construction of contract, any place
2) If regarding validity of contract, only if 1) not against public policy, 2) state has Reasonable relationship to the parties/transaction and 3) free from duress, including adhesion contracts. |
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What law will apply for a UCC contract?
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Where suit is brought so long as forum has substantial relationship to transaction
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What's the rule of validation?
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In usury cases, apply law that will uphold transaction as long as state has some relation to transaction
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What law do you apply for a land contract?
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Apply THE CONTRACT rules
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What law do you apply for conveyance of land?
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Apply the law of the situs of the property (i.e. where the property is)
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What law do you apply for personal property?
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1) Intestate = location of deceased domicile
2) Otherwise, location at time of transaction in question 3) Article 9 is location of debtor's presence |
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What law do you apply in determining validity of marriage?
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Where the marriage was celebrate (except incestuous, polygamous or same-sex marriage)
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What law do you apply regarding a child's status?
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Law of domicile of parent
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What is not analyzed under conflict of law rules? (3)
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1) Procedural law!
2) Other state laws violate public policy 3) Penal Law |
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What is DEFINITELY procedural?
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1) Burden of Proof
2) Statutes of Limitations 3) Rebuttable Presumptions 4) Counter-claim rule |
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What is definitely SUBSTANTIVE? (7)
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1) Contributory negligence or comparative
2) Irrebuttable presumptions 3) Statute of Frauds 4) Parol Evidence Rule 5) Contribution among tortfeasors 6) Survival of Actions 7) Damages |
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What will a statute of limitations be deemed substantive?
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1) If statute has a special statute of limitations
2) Adverse possession rules 3) Borrow a shorter statute of limitations where cause of action arose |
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What choice of law rules will a federal court apply?
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Will apply the state where they're located choice of law rules
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Can you take judicial notice of a foreign country's law?
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Must plead and prove foreign law
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