Conflict of Laws – Core Concepts

A comprehensive set of question-and-answer flashcards covering major doctrines, tests, and rules in Conflict of Laws, suitable for exam review.

What is the legal definition of domicile for an individual?

• Physical presence in a place
• Intent to remain there indefinitely while abandoning any prior domicile.

How many domiciles may a person have at one time?

Only one; multiple residences are possible, but only one domicile exists at a time.

What two elements are required to establish a domicile by choice?

• Actual physical presence in the location
• Intent to make that location home for an unlimited time.

Name three common objective factors courts consider to prove intent to remain in a domicile.

• Ownership of real estate
• Voter registration
• Payment of taxes (others include bank accounts, auto registration).

Who determines questions of domicile?

The trier of fact; domicile is ordinarily a question of fact.

How is an infant’s domicile determined?

By the domicile of the child’s custodial parent(s); an emancipated minor may choose his own.

If a once-competent person becomes incompetent, where is her domicile?

She retains the domicile she had immediately before losing capacity.

Where is a corporation domiciled for conflict-of-laws purposes?

In the state of incorporation only.

What presumption applies once a domicile is established?

Continuity—an existing domicile continues until a new one is acquired; the burden of proving change rests on the party asserting it.

What must concur for a change of domicile to occur?

Simultaneous physical presence in the new place and intent to make it home.

What three primary sources provide choice-of-law rules in U.S. courts?

• Specific choice-of-law statutes
• Contractual choice-of-law agreements
• Forum-state common-law doctrines.

Which two constitutional provisions limit state choice-of-law power?

The Due Process Clause (14th Amend.) and the Full Faith and Credit Clause (Art. IV §1).

What constitutional test governs a forum’s ability to apply its own law?

Significant contacts—application must not be arbitrary or fundamentally unfair under due process.

Under full faith and credit, when must a forum apply another state’s law?

When the forum has no contacts or interest and the other state does, unless doing so violates forum public policy.

List the four validity requirements for enforcing a contractual choice-of-law clause.

• Valid agreement
• Clause covers the dispute
• State chosen is reasonably related
• Not contrary to public policy.

Name the three major modern approaches to choice of law.

• Vested-rights (First Restatement)
• Most-significant-relationship (Second Restatement)
• Governmental-interest.

Under the vested-rights approach, where is the controlling law found?

In the jurisdiction where the last event necessary to create the right occurred (lex loci).

What is the first analytical step in a vested-rights analysis?

Characterize the issue as procedural or substantive, and by substantive area (tort, contract, etc.).

What is the core standard of the most-significant-relationship approach?

Apply the law of the state with the most significant relationship to the particular issue, considering contacts and seven policy factors.

List four ‘connecting facts’ important in tort cases under the Second Restatement.

• Place of injury
• Place of conduct causing injury
• Domicile/ residence/ incorporation of parties
• Place where relationship is centered.

What default rule often applies in tort cases under the Second Restatement?

Law of the place of injury governs unless another state has a more significant relationship.

Under the governmental-interest approach, whose law is presumptively applied?

The forum state’s law, unless another state’s interests clearly outweigh.

How does a court resolve a false conflict under the governmental-interest approach?

Apply the law of the only interested state.

What doctrine permits a court to dismiss a case due to inconvenient forum despite jurisdiction?

Forum non conveniens.

Under Klaxon Co. v. Stentor, which choice-of-law rules must federal diversity courts apply?

The conflict-of-laws rules of the state in which the federal court sits (including transferred cases per \S1404(a)).

Define dépeçage.

Applying different states’ laws to different substantive issues within the same case.

What is renvoi and how is it generally treated in U.S. conflicts law?

Doctrine requiring application of a foreign state’s whole law including its conflict rules; generally rejected except in narrow areas (e.g., land title).

Under lex loci delicti, which law governs a tort under the First Restatement?

The law of the place where the last event necessary for liability occurred (usually place of injury).

When will courts disregard an express contract choice-of-law clause?

If it violates public policy, lacks a reasonable basis, or resulted from fraud or mistake.

Under the First Restatement, which issues are governed by the place of contract execution?

Validity, capacity, form, consideration, formation defenses, and interpretation.

Which issues are governed by place of performance under the First Restatement contracts rules?

Details of performance such as time, manner, sufficiency, excuse, and parties obligated.

Name the three key contract contacts in the Second Restatement.

Places of contracting/negotiation/performance, location of subject matter, and parties’ domiciles or business locations.

Give the default governing law for land-sale contracts under the Second Restatement.

Law of the state where the land is located (subject to more-significant-relationship override).

Under the UCC, which state’s law governs perfection of security interests in most tangible collateral?

The law of the debtor’s location (principal residence or state of incorporation).

How does the First Restatement treat creation/transfer of tangible personal property?

Governed by the law of the situs at the time of the transaction.

What law generally governs title and disposition of real property under all three approaches?

Law of the situs of the real property.

What is equitable conversion and which state’s law determines its applicability?

Doctrine treating buyer as land owner once a contract is signed; governed by the law of the land’s situs.

Under the UPC, whose law can a testator select to govern a will’s meaning and effect?

Any state’s law, unless contrary to the enforcing state’s strong public policy.

Where is the validity of a will determined under common law?

Law of the state where the testator was domiciled at death (UPC adds alternatives).

Which law governs intestate succession of personal property?

Law of the decedent’s domicile at death.

Under the First and Second Restatements, which law governs internal corporate affairs?

Law of the state of incorporation.

What is the general rule for validity of a marriage under the First Restatement?

Valid where celebrated = valid everywhere unless it violates the strong public policy of a state with the most significant relationship.

Where are grounds for divorce governed?

By the law of the plaintiff’s domicile in the divorce action.

Which law governs characterization of real property acquired during marriage?

Law of the situs at the time of acquisition.

In community vs. separate property conflicts, how is land acquired with community funds in another state characterized?

It retains the community character of the purchasing funds.

What four contacts usually create a legitimate state interest for applying its workers’ comp statute?

• Place of employment contract
• Place of injury
• Principal place of employment
• Place of employee’s residence.

When is recovery under two different states’ workers’ compensation acts barred?

Only if unmistakable statutory or judicial language forbids successive awards; otherwise second state must credit first award amounts.

List the three classic defenses against applying foreign law.

• Procedural (not substantive)
• Violates forum public policy
• Penal law.

Is a statute of repose treated as substantive or procedural?

Substantive; governed by the state law chosen under conflicts rules.

How are statutes of limitations generally classified and applied?

Procedural; forum law usually controls, subject to borrowing statutes and Second Restatement exceptions.

Which choice-of-law approach specifically weighs the privacy or policy of privileges?

Most-significant-relationship approach looks to the state with the most significant relationship to the privileged communication.

What is the majority rule on whether measure of damages is substantive or procedural?

It is substantive; governed by the law that controls the substantive claim.

Under Erie, when will a federal diversity court apply state procedural law?

Only when failure to do so would cause an outcome-determinative difference; otherwise federal procedure applies.

What three requirements must a judgment meet to receive full faith and credit?

• Proper jurisdiction
• Finality with no outstanding appeals
• Judgment on the merits.

Can lack of jurisdiction be collaterally attacked when enforcing a sister-state judgment?

Yes, but only if jurisdiction was not fully and fairly litigated in the original action.

Give two valid defenses to enforcement under full faith and credit.

• Penal judgments
• Judgments obtained by extrinsic (not intrinsic) fraud.

If two valid state judgments conflict, which one receives full faith and credit?

The last rendered final judgment.

Define the doctrine of merger in res judicata.

A final judgment for the plaintiff merges the cause of action into the judgment, preventing relitigation.

What three elements create collateral estoppel effect under full faith and credit?

• Same issue actually litigated
• Necessary to the first judgment
• Litigated against a party who had full opportunity.

Do federal courts owe full faith and credit to state judgments?

Yes; they must give the same effect state courts would give.

Under the Uniform Enforcement of Foreign Judgments Act, what is required to enforce an out-of-state judgment?

File an authenticated copy with the clerk; it is then treated like a local judgment.

On what basis do U.S. courts recognize foreign-country judgments?

Comity—discretionary recognition if the foreign court had jurisdiction and used fair procedures.

Which act provides streamlined recognition of foreign money judgments?

Uniform Foreign Money-Judgments Recognition Act (excludes taxes, alimony, penal judgments).

What jurisdictional requirement validates an ex parte divorce for full faith and credit?

At least one spouse must be domiciled in the rendering state.

Does an ex parte divorce decree automatically bind property, alimony, or custody issues?

No; those matters require personal jurisdiction over both spouses or their agreement.

What nationwide statute governs inter-state child-custody recognition?

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Under workers' compensation, may an employment contract select governing state law?

Yes, if reasonable and not contrary to another interested state’s public policy.

Define ‘borrowing statute’ in conflict of laws.

State law directing its courts to apply the shorter statute of limitations between forum and place where the cause arose.

How does the Second Restatement address statutes of limitations?

Forum applies its own limit unless (1) no substantial forum interest and (2) another more-related state would bar the claim.

Are wrongful-death statutes considered penal for conflicts purposes?

No; the Second Restatement excludes wrongful-death actions from the penal-law bar.

When must a forum take judicial notice of another state’s laws?

Most modern states and federal courts allow or require judicial notice; historically foreign law had to be pled and proved as fact.

What is the effect of a federal diversity judgment in state court under full faith and credit?

State must give it the same res judicata effect that the state courts of the rendering district would give.

Under which doctrine do courts sometimes characterize issues to select favorable law?

Characterization (or classification) in the vested-rights approach allows avoidance of undesired foreign law.

Which Restatement provides specific presumptive rules for each substantive area but still requires policy analysis?

Restatement (Second) of Conflict of Laws.

What are conduct-regulating vs. loss-shifting laws in governmental-interest analysis?

Conduct-regulating laws aim to control behavior; loss-shifting laws allocate liability. States apply their own conduct-regulating laws if conduct occurred there or victim domiciled there.

When may forum non conveniens dismissal be appropriate under governmental-interest approach?

If the forum is disinterested and a more suitable convenient interested forum exists.

State

UCCJEA rules on SMJ for child custody

Under the UCCJEA, a court has subject matter jurisdiction to preside over custody hearings and either enter or modify custody or visitation orders if the state is:

(i) the child’s home state (the state in which the child has lived with a parent or guardian for at least  six consecutive months prior to the custody proceeding, or since birth, if the child is less than six months old), or

(ii) was the child’s home state in the past six months and the child is absent from the state, but one of the parents (or guardians) continues to live in the state