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Conflict of Laws

 

Introduction to Conflict of Laws

Legal disputes may touch multiple jurisdictions. Conflict of laws refers to the system of rules for dealing with cross-border issues, including personal jurisdiction, which jurisdiction's laws apply, and whether courts will enforce out-of-forum judgments.

Transcript

Welcome to Conflict of Laws! Designed for 2Ls and 3Ls, this course features 21 lesson videos divided into five chapters, plus 205 practice questions.

Chapter one covers personal jurisdiction. Here, we'll study the various types of personal jurisdiction, along with the due-process requirements of minimum contacts, notice, and a chance for a hearing. Then, we'll look at forum-selection clauses and explore the fairly arcane doctrine of forum non conveniens.

Chapter two begins our study of choice of law, meaning the rules to determine which jurisdiction's law should control in a dispute touching multiple jurisdictions. We'll highlight fundamental choice-of-law concepts, including characterization, renvoi, depecage, proof of foreign law, and domicile.

Chapter three covers the most popular choice-of-law approaches, including

·      the vested-rights approach,

·      interest analysis,

·      the most-significant-relationship test, and

·      other miscellaneous approaches.

Chapter three also covers defenses to applying foreign law. These are rules under which a court might refuse to apply another jurisdiction's law, even if that jurisdiction's law would typically control under the forum's choice-of-law rules.

Chapter four examines the intersection between choice of law and federalism. Here, we'll learn the United States Constitution's effect on choice-of-law decisions in state and federal courts. In particular, we'll learn how key constitutional provisions may limit state choice-of-law rulings. We'll also explore the infamous Erie doctrine.

Finally, chapter five explains everything you need to know about the rules governing whether one court must enforce or acknowledge another court's judgment.

If you watch all the lesson videos and work through all the practice questions in this course, you'll be ready to rock your conflicts exam. Let's get started.

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