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Claw

QuestionAnswer
Choice of Law Approaches 1) Vested Rights Approach, 2) Interest Analysis, 3) Most Significant Relationship
Vested Rights (1st Restatement) Law applies within territorial boundaries. Apply the law where parties' rights vested. (i.e. where last event occurred necessary to give rise to cause of action)
Interest Analysis (make choice-of-law determination on each issue) 1) identify policies that underlie the conflicting laws. 2) identify the St interests.
False Conflicts Apply the law of only interested St.
Resolve True Conflicts Apply law of Forum.
Disinterested Forum Apply either 1) law that is closest to Forum St, or 2) Forum chooses better law among other Sts.
Unprovided-For Case Apply Forum law.
Tort Policies Limiting Recovery = Protecting Class. Full Recovery = Compensation and Deterrence.
Absence of False Conflict Apply Forum Law (tip)
Most Significant Relationship (majority) 1) Interest Analysis 2) Justified Expectations 3) Certainty, Predictability, and Uniformity of Result + Relevant Contacts (connecting facts)
Relevant Contacts (Torts) place of injury and conduct, place of parties domicile, place of incorp., place of business and place where parties' relationship is centered.
Relevant Contacts (Contracts) place of contract, negotiation, and perf, location of subj matter of K, place of parties' domicile, residence, place of incorp., and place of business.
Applicable Constitutional Provisions Due Process and Full Faith and Credit
Due Process Violation if use law where D has no contacts.
Single Modern Test (Con a/f 3 approaches) State whose law is chosen must have a SIGNIFICANT CONTACT, or aggregation of contacts, CREATING STATE INTERESTS, such that choice of its law is NEITHER ARBITRARY NOR FUNDAMENTALLY UNFAIR.
Application of a given St's law is con'al if… 1) that st has significant CONTACTS w/ parties and T/O at issue, AND 2) St has an INTEREST in events and the outcome of the action.
Issues parties could have resolved by explicit contractual provision. Always enforceable
Issues the parties could not have resolved by explicit contractual provision. Enforceable, UNLESS 1) chosen St has no relationship to parties/transaction, or 2) chosen law is contrary to fundamental public policy of forum St.
Examples of Procedural Matters Civil Practice Rules, Burdens of Proof, Direct Action Statutes
Examples of Substantive Matters SoF and Parole Evidence Rule
Domicile of Choice Domicile of person having legal capacity is the place of the individual's chosen home.
Requirements establishing a new domicile of choice requires simultaneous. 1) Physical PRESENCE in place, and 2) INTENT to remain for the foreseeable future.
Domicile by Operation of Law If a person lack legal capacity, a domicile will be assigned by operation of law (e.g. children to parents, Incompetents to parents or domicile of choice).
Full Faith and Credit Clause Requires the cts of a st to give the same effect to the judgment of a sister st's ct that the rendering ct would give it.
Exceptions to the Full Faith and Credit Clause 1) Lack of Jurisdiction 2) Lack of Finality 3) Judgment was not on the merits
Fed Cts vs St Cts Full Faith and Credit does NOT apply. Federal Statutes require similar recognition of judgments between St and Fed cts.
Judgment of Divorce In order for judgment to receive full faith and credit, the rendering ct must have had subj matter jur. Jur is satisfied if 1 spouse was domiciled in the rendering St.
Judgment for Alimony and Property Rts To receive full faith and credit, the rendering ct must have personal jur over the spouse whose rts are being determined.
Child Custody Decrees Child's Home St.
Divisible Divorce Doctrine If a decree has some parts that are valid and must be recognized and some parts that are not, then recognize good parts and ignore bad.
Created by: Sarah_Shore
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