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5 Cards in this Set
- Front
- Back
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What are the four goals of Conflicts of Law?
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1) Uniformity
2) Predictability 3) Certainty 4) Ease of Application |
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What is the Claxon Rule?
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A federal ct exercising diversity jurisdiction applies COL rules of state in which the court sits.
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What is the Vested Right Theory?
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A court will apply the law of the jurisdiction where the right vested.
1) Right - right to sue, or a valid claim 2) Vested - court picks an event that determines the point at which the person right has vested |
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What is the Carrol Methodology?
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Includes 1st Rest and Vested Rights.
1) Characterize the lawsuit 2) Where did the right vest (place of injury) 3) Place of conduct 4) Apply the law of the state where the right vested. 3) |
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What is 1st Rest of Conflicts re Torts?
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1) As in Vested Rights, the key for 1st Rest is classifying the issue (e.g., tort of K)
2) The place of the wrong is in the state where the last event necessary to make an actor liable for alleged tort takes place. 3) |
