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Question | Answer |
---|---|
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. |