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mrd367-cols
cols
| Question | Answer |
|---|---|
| Govt Interest Analysis approach | Ensures that the jurisdiction with the greatest interest in the suit has its law apply. Court will look at 1)factual contacts of each jur, 2)differing laws, 3)underlying policies for each law, 4)apply facts to policies, 5)apply greater govt interest. |
| Conflicts of Laws: Torts | 5-step Govt interest analysis + Neumeier rules: 1)If P+D are domiciled in same state, that state's law applies. 2)If P+D have different domiciles, and if law of place of tort favors its doms, then that st's law applies. 3)In all other circum, place of inj |
| Conflicts of Laws: Contracts | If K = not less than $250k, parties can choose NY law even if K has no connection w/ NY. If K = not less than $1m and the pties choose NY Law, then pties may also incl clause specifying that NY is the FORUM and cts cnt dismiss under forum non conveniens |
| Conflicts:Contracts:Ability of parties to choose law in the contract | 1)Pties can ALWAYS choose law in the K for matters of ktual CONSTRUCTION. 2)Pties can choose law govning ktual VALIDITY if a-choice not contrary to fund policy of other st w/ greater interest, b-substantial relationship to pties, c-no duress or adhesion |
| Conflicts: Real Prop | Law of the "situs" of the property (ie where the prop is located). |
| Conflicts: Personal Prop | Situs of the personal property. BUT, if the issue is the passing of pers prop by intestate succession, the state chosen is that state of deceased's DOMICILE at death. |
| Domicile of a child | If child does not have legal capacity to get domicile of choice, child will have domicile of child's PARENTS. If parents are divorced, domicile is that of parent who has PHYSICAL CUSTODY. |
| Domicile of married woman living apart from husband | Old rule: married woman had the domicile of her husband. Today: Married woman can obtain a domicile of choice. |
| Domicile of choice | Legal capacity needed. 1)PHYS PRESENCE in that state. 2)INTENT to remain for foreseeable future, ie, indefinitely. A person can only have ONE domicile. |
| Insurance [r-20] | In actions involving the rights and obligations of an insured and insurer, the law of the state where the policy was written controls, regardless of where the accident occurred. |
Created by:
mdiaz367
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