Conflicts of Law

Flashcards based on lecture notes about Conflicts of Law

If an MEE essay question provides no guidance on which choice-of-law approach to apply, should I analyze all three (Traditional Vested Rights, Most Significant Relationship, and Interest Analysis)?

Yes.

Does the Traditional Vested Rights Approach apply the law of the state where the transaction or event occurred?

Yes.

Does the Most Significant Relationship Approach apply the law of the state with the most significant relationship to the transaction and the parties?

Yes.

Does the Interest Analysis Approach apply the law of the state with the greater interest?

Yes.

Does the Interest Analysis Approach change depending on the type of action involved (e.g., tort, contract)?

No.

For Torts, does the Traditional Vested Rights Approach apply the law where the wrong or injury occurred?

Yes.

When applying the Most Significant Relationship Approach to Torts, must a court consider factors like where the injury/conduct occurred, party domicile, and where the relationship is centered?

Yes.

Are parties free to choose the applicable law for matters of contract construction?

Yes.

Can parties always choose the applicable law for contract validity?

No. They can only if the chosen state has some connection, the contract wasn't fraudulent/under duress/mistaken, and the choice isn't contrary to a substantial policy interest of a state with a more significant interest.

If there's no choice of law provision, does the Traditional Vested Rights Approach apply the law of the state where the contract was formed or performed?

Yes.

Will courts always enforce a contractual forum-selection clause to transfer venue?

No. Unless special factors like significant hardship or inequality of bargaining power are present.

To determine enforceability of a premarital agreement, can the law of where it was executed or the state with the most significant relationship be applied?

Yes.

Do most states apply the Most Significant Relationship Approach for premarital agreements, considering factors like where the agreement was signed, parties married, lived, and assets are located?

Yes.

For cases involving the title or sale of real property, is the law of the state where the property is located (situs rule) applied?

Yes.

If land is merely incidental to a contract (e.g., brokerage, mortgage), are the choice of law rules for contracts applied instead of the situs rule?

Yes.

For inheritance of real property, is the situs rule applied?

Yes.

For inheritance of personal property, is the law of the decedent's domicile state applied?

Yes.

Is a person's domicile determined by their physical presence (residence) and their subjective intent to make that state their permanent home?

Yes.

Under the Erie Doctrine, when a federal case is brought under diversity of citizenship, do federal courts apply federal procedural law and the substantive law of the forum state?

Yes.

Are choice of law rules considered substantive law under the Erie Doctrine?

Yes.

Do state courts apply the law of the forum state for procedural issues?

Yes.

For substantive issues in state courts, do the forum state's choice of law rules determine which state's law is applied?

Yes.

For a judgment to be entitled to Full Faith and Credit, must the rendering court have had jurisdiction, the case been decided on the merits, and the judgment been final?

Yes.

Are state courts required to give full faith and credit to judicial proceedings of every U.S. state, territory, or possession?

Yes.

Is a court required to give full faith and credit to judgments from foreign countries?

No. A court may, but is not required to, under the Doctrine of Comity.

Is a marriage that is valid where formed always valid everywhere?

No, unless it violates the strong public policy of another state.

Is a valid divorce granted in one state entitled to full faith and credit in all other states?

Yes.

Can an ex parte divorce be maintained without personal jurisdiction over the absentee spouse if the plaintiff spouse is a domiciliary of the forum state?

Yes.

For an economic, child custody, or support judgment to receive full faith and credit, must the rendering court have had personal jurisdiction over the defendant-spouse?

Yes.