conflicts rule statements

due process constitutional limitation

under the due process clause of the 14th amendment, a forum state may apply its own law to a particular case only if it has a significant contact or a significant aggregation of contacts with the state such that a choice of its law is neither arbitrary nor fundamentally unfair

full faith & credit

under the constitution, state courts are required to give full faith and credit to the judgments of other states. state courts are likewise required to treat federal judgments as those judgments would be treated by the federal courts

erie doctrine

federal courts sitting in diversity must apply substantive laws of the state in which it sits, including that state’s choice of law rules

choice of law clause

that law will generally govern unless there is no significant basis for the parties’ choice or it is contrary to public policy

most significant relationship approach

in determining the enforceability of a premarital agreement, most states apply the law of the state with the most significant relationship to the matter at hand. the forum state generally considers the connecting facts or contacts that link each jurisdiction to the case as well as the seven policy principles in the second restatement.

wills & estates

wills - governed by the law of the deceased’s domicile at the time of death if intestate.

transfer of real property from someone who dies intestate - law of the situs

corporations

governed by the law of the state of incorporation

bilateral divorce

if the court has personal jurisdiction over both spouses and at least one spouse is domiciled in the state, the divorce judgment will be valid and entitled to full faith and credit

ex parte divorce

must adhere to subject matter jurisdiction rules and personal jurisdiction must exist over one spouse. full faith and credit is not given to other marital agreements such as property rights, alimony, and child custody

child custody

under the UCCJEA, a court can make initial custody decisions if it is in the child’s home state, all other states must give full faith and credit to such decisions