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Restatement (Second) of Conflict of Laws § 25.
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1If a court in one state enters a judgment against a defendant who did not receive reasonable notice and an opportunity to be heard, must courts in ...
If a court in one state enters a judgment against a defendant who did not receive reasonable notice and an opportunity to be heard, must courts in other states enforce that judgment under the Full Faith and Credit Clause?2What is the term for issues that call upon the court hearing a case to decide which jurisdiction’s law must govern each aspect of the dispute?
What is the term for issues that call upon the court hearing a case to decide which jurisdiction’s law must govern each aspect of the dispute?3In the choice-of-law context, what is legal characterization?
In the choice-of-law context, what is legal characterization?4For conflict-of-laws purposes, do any specific rules formally constrain a court’s ability to characterize a case that touches on multiple areas of ...
For conflict-of-laws purposes, do any specific rules formally constrain a court’s ability to characterize a case that touches on multiple areas of law according to subject matter?5May the doctrine of precedent constrain a court’s ability to characterize an issue as substantive or procedural?
May the doctrine of precedent constrain a court’s ability to characterize an issue as substantive or procedural?6Why is characterization important in conflict of laws?
Why is characterization important in conflict of laws?7Why is characterization sometimes described as an escape device?
Why is characterization sometimes described as an escape device?8A worker entered an employment contract with a railroad company in State A. While working on a train owned by the company, the worker was hurt due ...
A worker entered an employment contract with a railroad company in State A. While working on a train owned by the company, the worker was hurt due to his co-worker’s negligence. When the injury occurred, the train was passing through State B. The worker sued the company in State A. In tort cases, State A applies the law of the place of the accident—here, State B. In contract cases, State A applies the law of the place where the contract was made—here, State A. Would a court most likely characterize the case as a tort case or a contract case for conflict-of-laws purposes?9A borrower contracted with a lender to borrow money, securing the loan with a mortgage on property the borrower owned in State A. The borrower and ...
A borrower contracted with a lender to borrow money, securing the loan with a mortgage on property the borrower owned in State A. The borrower and lender entered into the contract in State B. The borrower defaulted on the loan, and the lender sued to foreclose on the property in State A. In property cases, State A applies the law of the place where the property is located—here, State A. State A’s law would allow the lender to foreclose on these facts. In contract cases, State A applies the law of the place where the contract was made—here, State B. State B’s law would prevent the lender from foreclosing. For choice-of-law purposes, may the court consider the outcome of the case when deciding how to characterize it?10A woman was domiciled in State A. While vacationing in State B, the woman negligently caused a car accident, in which a man suffered serious injuri...
A woman was domiciled in State A. While vacationing in State B, the woman negligently caused a car accident, in which a man suffered serious injuries. Three and a half years later, the man sued the woman in tort in State A’s courts. The statute of limitations for personal-injury suits is three years in State A, but four years in State B. If the statute of limitations is characterized as procedural, State A will apply the statute of limitations of the forum—State A—and dismiss the suit as untimely. But if the statute of limitations is characterized as substantive, then State A will apply the statute of limitations of the place of the accident—State B—which would mean the suit was timely. A State A court considered this issue in a different case the previous year, holding that the statute of limitations was procedural.Will the court likely dismiss the suit as untimely?11What is the difference between internal law and whole law?
What is the difference between internal law and whole law?12What is renvoi?
What is renvoi?13What does it mean for a court to accept the renvoi?
What does it mean for a court to accept the renvoi?14What does it mean for a court to reject the renvoi?
What does it mean for a court to reject the renvoi?15Is it common for courts in the United States to accept the renvoi?
Is it common for courts in the United States to accept the renvoi?16Under what exceptional circumstances will a court accept the renvoi?
Under what exceptional circumstances will a court accept the renvoi?17For purposes of renvoi, what is remission?
For purposes of renvoi, what is remission?18For purposes of renvoi, what is transmission?
For purposes of renvoi, what is transmission?19Is it theoretically possible for accepting the renvoi to trap courts in an endless, circular choice-of-law analysis?
Is it theoretically possible for accepting the renvoi to trap courts in an endless, circular choice-of-law analysis?20If a contractual choice-of-law clause provides that the contract is to be governed by the laws of a state, do courts generally interpret the word “...
If a contractual choice-of-law clause provides that the contract is to be governed by the laws of a state, do courts generally interpret the word “laws” to refer to the state’s internal law or to its whole law?21A father, a domiciliary of State A, died with a will providing that his son would inherit everything. Before dying, the father had established a sa...
A father, a domiciliary of State A, died with a will providing that his son would inherit everything. Before dying, the father had established a savings account in State B. The father’s daughter was named the beneficiary of this account in the account documents. The daughter sued the father’s estate in State A, arguing that the account balance automatically passed to her upon the father’s death. Under State A’s conflicts rules, the dispute is governed by the law of the account’s situs—here, State B. Will the State A court apply the internal law or the whole law of State B?22A student and teacher, both domiciled in State A, were in a car accident in State B. The teacher was driving, and the student was injured. The teac...
A student and teacher, both domiciled in State A, were in a car accident in State B. The teacher was driving, and the student was injured. The teacher exhibited, at most, ordinary negligence in causing the accident. The student filed a tort suit against the teacher in State A court. Under State A conflicts rules, the court should apply the law of the place of the accident—State B. In State B, a driver is liable to a passenger for injuries caused by the driver’s ordinary negligence; if State B’s internal law, minus conflicts rules, is applied, the student will prevail. State B’s conflicts rules direct the court to apply the law of the place of the parties’ common domicile—State A. In State A, drivers are not liable to passengers for ordinary negligence, so if State B’s whole law is applied, including its conflicts rules, then the teacher will prevail.Will the student prevail?23A married couple, domiciled in State A, jointly owned a co-op apartment in State B. The couple’s judgment creditor obtained a lien against the co-o...
A married couple, domiciled in State A, jointly owned a co-op apartment in State B. The couple’s judgment creditor obtained a lien against the co-op and sought to enforce the lien against the couple in State A court. Under State A’s conflicts rules, the lien’s enforceability is governed by the law of the property’s situs—State B. Under State B’s internal law, the lien may be enforced. State B’s choice-of-law rules, however, direct courts to apply the law of the debtor’s domicile—State A. Under State A’s internal law, the creditor cannot enforce the lien under these circumstances. Will the State A court apply State B’s internal law, minus conflicts rules, or will it apply State B’s whole law, including conflicts rules?24What is dépeçage?
What is dépeçage?25Under what circumstances do courts today typically engage in dépeçage?
Under what circumstances do courts today typically engage in dépeçage?26Do all courts in the United States engage in dépeçage?
Do all courts in the United States engage in dépeçage?27May courts engage in dépeçage to apply choice-of-law rules to different parties in the same case?
May courts engage in dépeçage to apply choice-of-law rules to different parties in the same case?28May contracting parties engage in contractual dépeçage by agreeing that different bodies of law will govern different parts of the contract in a ch...
May contracting parties engage in contractual dépeçage by agreeing that different bodies of law will govern different parts of the contract in a choice-of-law clause?29A company was incorporated under State A law and headquartered in State B. The president of the company was domiciled in State B. A shareholder who...
A company was incorporated under State A law and headquartered in State B. The president of the company was domiciled in State B. A shareholder who supplied the company with raw materials was also domiciled in State B. While negotiating a supply contract with the shareholder in State B, the president made several false statements. The shareholder sued the president in State B state court, asserting two claims: (1) fraud arising out of the false statements and (2) breach of fiduciary duty to a shareholder. Assume the State B courts apply dépeçage. Also assume that the law of the state of incorporation governs relations between a corporation and its stakeholders. Applying dépeçage, which state’s law—State B or State A—is the State B court likely to apply to each of these claims, respectively?30A blogger domiciled in State A operated a blog in which she regularly criticized a non-profit group headquartered in State B. After thousands of pe...
A blogger domiciled in State A operated a blog in which she regularly criticized a non-profit group headquartered in State B. After thousands of people in State B read the blog, the group sued the blogger for defamation in State B court. The blogger appeared in the State B court and argued that the suit should be dismissed under State A anti-SLAPP legislation, requiring dismissal of any suit brought to recover for statements about issues of public concern. The group argued that State B law governed the defamation claim, and State B lacked an anti-SLAPP law, which made the State A statute irrelevant. State B courts apply dépeçage. Applying dépeçage, which state’s law will the State B court apply to the blogger’s dismissal claim?31A student domiciled in State A was vacationing in State B. While there, he was injured in a boating accident caused by a guide’s negligence. The st...
A student domiciled in State A was vacationing in State B. While there, he was injured in a boating accident caused by a guide’s negligence. The student sued the guide in State A court, seeking compensatory and punitive damages. Both State A and State B would permit a plaintiff to recover compensatory damages (damages to make the plaintiff whole) on facts like these. State B, however, bars plaintiffs from recovering punitive damages (damages to punish the wrongdoer and deter later wrongs) at all, while State A allows them. The guide argued that State B law should apply to the punitive-damages issue; the accident occurred in State B, and State B has a stronger interest than State A in deterring negligent conduct on its own lakes. Using dépeçage, which state’s law will the State A court apply to the issues of compensatory damages and punitive damages?32In conflict of laws, what is foreign law?
In conflict of laws, what is foreign law?33In conflict of laws, what is forum law?
In conflict of laws, what is forum law?34In conflict of laws, what is proof of foreign law?
In conflict of laws, what is proof of foreign law?35Is proof of foreign law generally treated as an issue of law or an issue of fact?
Is proof of foreign law generally treated as an issue of law or an issue of fact?36In general, how do courts in the United States go about determining the law of another state?
In general, how do courts in the United States go about determining the law of another state?37What law will a court apply to determine the content of foreign law?
What law will a court apply to determine the content of foreign law?38In federal court, is the trial court’s determination on an issue of a foreign country’s law treated as a ruling on a question of law or a finding o...
In federal court, is the trial court’s determination on an issue of a foreign country’s law treated as a ruling on a question of law or a finding on a question of fact?39In federal court, must a party who intends to raise an issue about a foreign country’s law give notice by a pleading or other writing?
In federal court, must a party who intends to raise an issue about a foreign country’s law give notice by a pleading or other writing?40What sources may a federal court consider in determining the content of a foreign country’s law?
What sources may a federal court consider in determining the content of a foreign country’s law?41In determining the content of a foreign country’s law, is a federal court limited to evidence and testimony submitted by the parties?
In determining the content of a foreign country’s law, is a federal court limited to evidence and testimony submitted by the parties?42If a federal court declines to research the content of a foreign country’s law after a party has submitted unrebutted expert testimony about it, mu...
If a federal court declines to research the content of a foreign country’s law after a party has submitted unrebutted expert testimony about it, must the court apply the law as the expert explained it?43In general, what is the result if the court cannot determine the content of applicable foreign law?
In general, what is the result if the court cannot determine the content of applicable foreign law?44A homeowner who resided in a U.S. state entered into a contract with a painter, a resident of a foreign country. The homeowner later sued the paint...
A homeowner who resided in a U.S. state entered into a contract with a painter, a resident of a foreign country. The homeowner later sued the painter for breach of contract in federal court in his home state. There was a strong argument that the contract should be governed by the foreign country’s law, under which the painter would have prevailed on the merits. However, the painter never raised the issue. The court thus applied state law, which meant that the homeowner prevailed. Did the court commit reversible error in applying state law?45A shipbuilder who resided in a foreign country entered a shipbuilding contract with a sailor who resided in a U.S. state. The contract’s choice-of-...
A shipbuilder who resided in a foreign country entered a shipbuilding contract with a sailor who resided in a U.S. state. The contract’s choice-of-law clause stated that all claims relating to the agreement would be governed by the law of the foreign country. After the shipbuilder delivered the ship to the sailor, the sailor’s employee was injured by a defective lift on the ship. The sailor sued the shipbuilder for products liability in federal court in the sailor’s home state. The parties agreed that the sailor’s products-liability claim was governed by foreign law but disagreed as to the relevant law’s content. The court conducted its own research. Relying solely upon this research, the court articulated its own understanding of the governing foreign law, which favored the shipbuilder. The shipbuilder thus prevailed on the merits. Has the court committed reversible error?46An actor, a resident of a foreign country, entered a trademark licensing agreement with an agent, a resident of a U.S. state. The agreement require...
An actor, a resident of a foreign country, entered a trademark licensing agreement with an agent, a resident of a U.S. state. The agreement required the agent to pay periodic licensing fees to the actor, who held the trademark. When the agent stopped making these payments, the actor sued the agent in federal court in the agent’s home state. The contract stipulated that it was to be governed by the foreign country’s law. At trial, the actor’s expert witness testified that the contract was valid and enforceable under foreign law, which would mean that the actor prevailed on the merits. The agent did not rebut this testimony, and the court conducted no independent research into the content of the governing foreign law. The court ruled in favor of the agent. Did the court commit reversible error?47What is the traditional vested-rights approach to choice of law?
What is the traditional vested-rights approach to choice of law?48Is the traditional vested-rights approach to choice of law closely associated with any particular Restatement of the Law?
Is the traditional vested-rights approach to choice of law closely associated with any particular Restatement of the Law?49Is a common defense of the vested-rights approach that it is easy to apply?
Is a common defense of the vested-rights approach that it is easy to apply?50Is a common defense of the vested-right approach that it yields predictable outcomes?
Is a common defense of the vested-right approach that it yields predictable outcomes?51Is a common defense of the vested-rights approach that it discourages forum shopping?
Is a common defense of the vested-rights approach that it discourages forum shopping?52Is a common criticism of the vested-rights approach that it is too territorial and inflexible?
Is a common criticism of the vested-rights approach that it is too territorial and inflexible?53Is a common criticism of the vested-rights approach that it does not consider whether one set of rules is better-suited to resolve a dispute than a...
Is a common criticism of the vested-rights approach that it does not consider whether one set of rules is better-suited to resolve a dispute than another?54Do critics of the vested-rights approach often claim that it is arbitrary?
Do critics of the vested-rights approach often claim that it is arbitrary?55Do a majority of U.S. states continue to follow the vested-rights approach to conflict of laws?
Do a majority of U.S. states continue to follow the vested-rights approach to conflict of laws?56What are the four major contemporary policy approaches to conflict of laws?
What are the four major contemporary policy approaches to conflict of laws?57In conflict of laws, what is interest analysis?
In conflict of laws, what is interest analysis?58For purposes of interest analysis, what is a jurisdiction’s policy?
For purposes of interest analysis, what is a jurisdiction’s policy?59For purposes of interest analysis, under what circumstances does a state generally have an interest in applying its law to a case?
For purposes of interest analysis, under what circumstances does a state generally have an interest in applying its law to a case?60Under interest analysis, can renvoi be relevant to the choice-of-law decision even if the court does not accept the renvoi?
Under interest analysis, can renvoi be relevant to the choice-of-law decision even if the court does not accept the renvoi?61For purposes of interest analysis, what is a false conflict?
For purposes of interest analysis, what is a false conflict?62For purposes of interest analysis, what is an apparent conflict?
For purposes of interest analysis, what is an apparent conflict?63For purposes of interest analysis, what is a true conflict?
For purposes of interest analysis, what is a true conflict?64In conflict of laws, what is comparative impairment?
In conflict of laws, what is comparative impairment?65What is the better-law approach?
What is the better-law approach?66Do some courts applying interest analysis resolve true conflicts by assessing each state’s interests to decide which are more important?
Do some courts applying interest analysis resolve true conflicts by assessing each state’s interests to decide which are more important?67In interest analysis, what is an unprovided-for case?
In interest analysis, what is an unprovided-for case?68A driver, a domiciliary of a U.S. state, rented a car that was garaged, licensed, and insured in that state. The driver and her friend, also a domi...
A driver, a domiciliary of a U.S. state, rented a car that was garaged, licensed, and insured in that state. The driver and her friend, also a domiciliary of the state, took the car on a weekend trip to a foreign country. The driver’s negligence caused an accident in the foreign country, and the friend suffered serious injuries. The friend sued the driver in their home state’s court. Under the law of the foreign country, the friend cannot recover against the driver. The foreign country’s guest statute immunizes drivers against personal-injury suits by their passengers. Under state law, the friend can recover against the driver, because the state has not enacted a guest statute. If the state court uses interest analysis, which jurisdiction’s law is it likely to select to govern the friend’s lawsuit—the state’s law or the foreign country’s law?69A publican owned and operated a tavern in State A. The tavern regularly advertised in State B. A customer domiciled in State B saw one of these adv...
A publican owned and operated a tavern in State A. The tavern regularly advertised in State B. A customer domiciled in State B saw one of these advertisements and drove to State A to visit the tavern, where he became severely intoxicated. Driving back to State B, the customer crashed into a car driven by another State B domiciliary. The driver sued the publican in State B state court. The driver alleged that the publican was negligent in serving drinks to the customer, who was clearly intoxicated, and that this negligence proximately caused the driver’s injuries. Under State B law, bar owners may be liable to third parties injured by intoxicated patrons. Under State A law, bar owners are immunized from that liability on facts like these. Under the comparative-impairment approach, which state’s law will the State B court likely apply to govern the tort suit?70A driver and her friend, both domiciled in a foreign country, rented a car in that country. They took the car on a trip to a U.S. state. The driver...
A driver and her friend, both domiciled in a foreign country, rented a car in that country. They took the car on a trip to a U.S. state. The driver’s negligence caused an accident in the state, and the friend was injured. The friend sued the driver in the U.S. state’s court. Under the law of the foreign country, the friend could not recover against the driver, as the country has enacted a guest statute immunizing drivers against personal-injury suits brought by passengers. The state has not enacted a guest statute, so the friend could recover against the driver under state law. Assume the state court uses the better-rule approach, and that the analysis under the first four factors in that approach is inconclusive, making the fifth (applying the better rule of law) decisive. Which law is the court likely to select to govern the friend’s tort suit against the driver?71In conflict of laws, what is the most-significant-relationship approach?
In conflict of laws, what is the most-significant-relationship approach?72Under the Second Restatement, what general factors should courts consider in determining the state with the most significant relationship to the case?
Under the Second Restatement, what general factors should courts consider in determining the state with the most significant relationship to the case?73Under the vested-rights approach, which state’s law generally governs tort claims?
Under the vested-rights approach, which state’s law generally governs tort claims?74In a tort case involving personal injury, what place is generally the place of the wrong under the vested-rights approach?
In a tort case involving personal injury, what place is generally the place of the wrong under the vested-rights approach?75In a tort case involving fraud, what place is generally the place of the wrong under the vested-rights approach?
In a tort case involving fraud, what place is generally the place of the wrong under the vested-rights approach?76A woman, a domiciliary of State A, was involved in a car accident with a man, a domiciliary of State B. The accident occurred in State C. The woman...
A woman, a domiciliary of State A, was involved in a car accident with a man, a domiciliary of State B. The accident occurred in State C. The woman sued the man, in tort, in the courts of State A. The woman argued that the law of State A should govern the dispute; the man argued that State C’s law should apply. State A follows the First Restatement. Which jurisdiction’s tort law will the courts of State A apply to resolve the suit?77In a tort case involving defamation, what place is generally the place of the wrong under the vested-rights approach?
In a tort case involving defamation, what place is generally the place of the wrong under the vested-rights approach?78Under the Second Restatement, which state’s law will a court generally apply to resolve a tort issue?
Under the Second Restatement, which state’s law will a court generally apply to resolve a tort issue?79Under the Second Restatement, which state’s law generally governs liability in a personal-injury case?
Under the Second Restatement, which state’s law generally governs liability in a personal-injury case?80Under the Second Restatement, which law will a court typically apply to determine liability in a tort suit for defamation?
Under the Second Restatement, which law will a court typically apply to determine liability in a tort suit for defamation?81Under the Second Restatement, what law will courts typically apply to determine liability in suits for personal injury?
Under the Second Restatement, what law will courts typically apply to determine liability in suits for personal injury?82Under the Second Restatement, which state’s law will courts generally apply to determine liability in a suit for fraud?
Under the Second Restatement, which state’s law will courts generally apply to determine liability in a suit for fraud?83Under the Second Restatement, which state’s law will a court generally apply to determine damages in a tort case?
Under the Second Restatement, which state’s law will a court generally apply to determine damages in a tort case?84A nonprofit organization, incorporated under the laws of State A, owned and operated a summer camp located in State B. A camper, a State A domicili...
A nonprofit organization, incorporated under the laws of State A, owned and operated a summer camp located in State B. A camper, a State A domiciliary, was assaulted while attending this summer camp. The camper brought a personal-injury suit against the nonprofit in State A court. Under State A law, the nonprofit enjoys immunity from suit under the doctrine of charitable immunity. Under State B law, the nonprofit is not entitled to charitable immunity. Assume the State A courts follow the Second Restatement. Which state’s law is the State A court likely to apply to the camper’s tort suit against the nonprofit?85A woman domiciled in State A was injured in a car accident while driving through State B. In State B court, the woman brought a personal-injury sui...
A woman domiciled in State A was injured in a car accident while driving through State B. In State B court, the woman brought a personal-injury suit against the State A dealership from which she purchased the car. The woman alleged that the accident occurred due to a faulty roof assembly owing to the dealership’s negligence. The dealership countered that the primary cause of the woman’s injuries was her own negligent driving. Under State B law, a negligence plaintiff cannot recover if her comparative fault exceeds 50 percent. Under State A law, a plaintiff can recover in that event, but her damages will be reduced by her percentage of comparative fault. Assume the State B courts follow the Restatement (Second) of Conflict of Laws (Second Restatement). Which state’s law is the court likely to apply to the woman’s suit against the dealership?86A doctor operated a practice solely in State A. A salesman who sold software from an office in State B met the doctor at a conference in State C. T...
A doctor operated a practice solely in State A. A salesman who sold software from an office in State B met the doctor at a conference in State C. The salesman told the doctor that the software would increase the doctor’s efficiency. The doctor invited the salesman to his State A office for a demonstration, after which he purchased the software. Instead of generating the promised efficiency, the software malfunctioned so badly that the doctor had to temporarily shut down his practice. The doctor sued the salesman for unfair trade practices in State B court. Under State B law, the doctor is likely to prevail. Under State A law, the salesman is likely to prevail. Assume the State B courts follow the Second Restatement, and treat unfair-trade cases as tort cases, for choice-of-law purposes. Which state’s law will the court likely apply in this case?87Under the vested-rights approach, which state’s law governs the validity of a contract?
Under the vested-rights approach, which state’s law governs the validity of a contract?88An employer, a State A domiciliary, entered into a contract with an employee, a domiciliary of State B. The contract was negotiated and signed in S...
An employer, a State A domiciliary, entered into a contract with an employee, a domiciliary of State B. The contract was negotiated and signed in State C. In the courts of State A, the employer sued the employee for allegedly breaching the contract. State A follows the First Restatement. Which state’s contract law will the courts of State A apply to resolve the suit?89Under the vested-rights approach, which state’s law generally governs the performance of a contract?
Under the vested-rights approach, which state’s law generally governs the performance of a contract?90Does the First Restatement expressly recognize the validity of choice-of-law clauses in contracts?
Does the First Restatement expressly recognize the validity of choice-of-law clauses in contracts?91Under the Second Restatement, if contracting parties choose one state’s law to govern their contract, under what circumstances will courts apply th...
Under the Second Restatement, if contracting parties choose one state’s law to govern their contract, under what circumstances will courts apply that state’s law?92Under the Restatement (Second) of Conflict of Laws (Second Restatement), what law governs a contract absent an effective choice by the parties?
Under the Restatement (Second) of Conflict of Laws (Second Restatement), what law governs a contract absent an effective choice by the parties?93Under the Restatement (Second) of Conflict of Laws (Second Restatement), what law do courts typically apply to a contract for the transfer of an in...
Under the Restatement (Second) of Conflict of Laws (Second Restatement), what law do courts typically apply to a contract for the transfer of an interest in land?94Under the Second Restatement, what law do courts typically apply to a contract for personal services?
Under the Second Restatement, what law do courts typically apply to a contract for personal services?95Under the Second Restatement, which state’s law generally governs a contract for the sale of movable goods?
Under the Second Restatement, which state’s law generally governs a contract for the sale of movable goods?96A buyer, a State A domiciliary, contracted with a seller domiciled in State B. The contract’s choice-of-law clause stated that State C law was to g...
A buyer, a State A domiciliary, contracted with a seller domiciled in State B. The contract’s choice-of-law clause stated that State C law was to govern. State C had no connection to the parties or the transaction. The seller breached the contract. Exactly 2.5 years later, the buyer sued the seller for breach of contract in State A court. State C’s statute of limitations for breach of contract is two years. In State A and State B, the statute of limitations is ordinarily three years. However, both states let parties shorten the statute of limitations by express contractual provision. Assume that State A follows the Second Restatement, and that State A views statutes of limitations as substantive, not procedural. What state’s law will the court likely apply to determine whether the claim is timely?97A company headquartered in State A entered an employment contract with an employee, a State A domiciliary. Under the contract, the employee promise...
A company headquartered in State A entered an employment contract with an employee, a State A domiciliary. Under the contract, the employee promised to work for no competing business for one year after leaving the company. The contract’s choice-of-law clause stated that State B law was to govern. The employee left the company and immediately took a position with the company’s competitor. The company sued to enforce the non-compete clause in State A court. Under State B law, the clause is enforceable. Under State A law, it is not. Assume the courts of State A follow the Second Restatement, and that State A law would apply absent an effective choice by the parties. What state’s law is the court likely to apply to the non-compete clause?98A corporation headquartered in State A signed a contract in State B with a supplier headquartered in State C, to purchase sealant. The contract cal...
A corporation headquartered in State A signed a contract in State B with a supplier headquartered in State C, to purchase sealant. The contract called for the sealant to be manufactured in State C and delivered to the corporation’s State A headquarters. The sealant was to be incorporated into windows manufactured in State A, for use in a State D construction project. The sealant proved defective, and the corporation sued the supplier in State A court for breach of contract. The contract had no choice-of-law clause. Assume State A follows the Second Restatement. Which state’s law is the court likely to apply to resolve the claim?99Under the vested-rights approach, which state’s law governs claims relating to real property?
Under the vested-rights approach, which state’s law governs claims relating to real property?100A youth, a domiciliary of State A, was 19 years old. The youth owned a parcel of land located in State B. The youth attempted to convey the land to...
A youth, a domiciliary of State A, was 19 years old. The youth owned a parcel of land located in State B. The youth attempted to convey the land to a friend, a domiciliary of State C. In both State A and State C, the age of majority is 18. In State B, the age of majority is 21. In every state, to have legal capacity to transfer any interest in land, one must have attained the age of majority. The courts of State C follow the First Restatement. If the conveyance were challenged in the courts of State C on the grounds that the youth lacked legal capacity to transfer the land, would the transfer be upheld as valid?101Under the vested-rights approach, which state’s law generally governs claims relating to movable goods?
Under the vested-rights approach, which state’s law generally governs claims relating to movable goods?102Under the vested-rights approach, which state’s law typically governs intestate succession of movable property?
Under the vested-rights approach, which state’s law typically governs intestate succession of movable property?103Under the vested-rights approach, which state’s law typically governs the validity and effect of a will, to the extent the will disposes of movable...
Under the vested-rights approach, which state’s law typically governs the validity and effect of a will, to the extent the will disposes of movable property?104Under the Second Restatement, which state’s law will a court typically apply to determine parties’ interests in a thing?
Under the Second Restatement, which state’s law will a court typically apply to determine parties’ interests in a thing?105Under the Second Restatement, which state’s law will courts typically apply to determine the validity and effect of a conveyance of an interest in ...
Under the Second Restatement, which state’s law will courts typically apply to determine the validity and effect of a conveyance of an interest in land?106Under the Second Restatement, what law will courts typically apply to determine the validity and effect of a conveyance of an interest in chattel?
Under the Second Restatement, what law will courts typically apply to determine the validity and effect of a conveyance of an interest in chattel?107Under the Second Restatement, what law will courts typically apply to determine the intestate succession of a decedent’s movable goods?
Under the Second Restatement, what law will courts typically apply to determine the intestate succession of a decedent’s movable goods?108Under the Second Restatement, which state’s law typically governs the validity and effect of a will, to the extent the will transfers an interest i...
Under the Second Restatement, which state’s law typically governs the validity and effect of a will, to the extent the will transfers an interest in movable property?109At a State A bank, a man opened a joint bank account with his girlfriend. The man was domiciled in State B; the girlfriend was domiciled in State A...
At a State A bank, a man opened a joint bank account with his girlfriend. The man was domiciled in State B; the girlfriend was domiciled in State A. The man deposited $100,000 into the account. He died soon after. The man’s heirs argued that the funds in the account were part of his estate. The girlfriend argued that she and the man had a joint tenancy in the account. This would mean the funds automatically passed to the girlfriend upon the man’s death, and that the funds were not a part of the man’s estate. The man’s heirs—all domiciled in State A—sued the girlfriend in State A court to determine who owned the funds in the account. Assume State A follows the Second Restatement. What state’s law is the court likely to apply to determine who owns the funds in the account?110A landowner domiciled in State A owned a parcel of land in State B. The landowner transferred this parcel to her nephew by delivering a deed. After...
A landowner domiciled in State A owned a parcel of land in State B. The landowner transferred this parcel to her nephew by delivering a deed. After the transfer was complete, the parties disputed the nature of the estate that the landowner had transferred. The landowner argued that the conveyance was in fee simple determinable. The nephew argued that the conveyance was in fee simple absolute. The nephew sued in State B court, seeking a declaratory judgment to determine the parties’ respective rights in the parcel. Assume State B follows the Second Restatement. What law will the court likely apply to determine the nature of the interest transferred?111A farmer domiciled in a State A agreed to sell a pickup truck to a rancher domiciled in State B. The two executed a sales agreement in State A; the...
A farmer domiciled in a State A agreed to sell a pickup truck to a rancher domiciled in State B. The two executed a sales agreement in State A; the rancher paid the purchase price. Before the farmer formally assigned the certificate of title to the rancher and delivered the truck, it was destroyed in State A. The rancher’s insurance claim was denied, on the grounds that he had never formally owned the truck. The rancher sued his insurer in State B court. Under State A law, assigning the certificate of title is the only way to transfer title to a motor vehicle. Under State B law, the parties’ intent determines ownership, meaning title can be transferred without assigning the certificate. Assume State B follows the Second Restatement. What state’s law is the court likely to apply to determine who owned the truck when the accident occurred?112Under the vested-rights approach, which state’s law governs a corporation’s formation, powers, and internal affairs?
Under the vested-rights approach, which state’s law governs a corporation’s formation, powers, and internal affairs?113Under the vested-rights approach, which state’s law generally governs a corporation’s liability to third parties in tort or contract?
Under the vested-rights approach, which state’s law generally governs a corporation’s liability to third parties in tort or contract?114What is the internal-affairs rule?
What is the internal-affairs rule?115Under the Second Restatement, which state’s law will courts typically apply to determine the method of voting by which corporate directors are elec...
Under the Second Restatement, which state’s law will courts typically apply to determine the method of voting by which corporate directors are elected?116Under the Second Restatement, which state’s law will courts typically apply to determine whether a corporation may legally issue a dividend?
Under the Second Restatement, which state’s law will courts typically apply to determine whether a corporation may legally issue a dividend?117Under the Second Restatement, which state’s law will courts typically apply to determine whether shares in a corporation have been validly issued?
Under the Second Restatement, which state’s law will courts typically apply to determine whether shares in a corporation have been validly issued?118A corporation was incorporated under the law of State A, with its principal place of business in State B. Each member of the corporation’s board of...
A corporation was incorporated under the law of State A, with its principal place of business in State B. Each member of the corporation’s board of directors was domiciled in State B. In State B court, a shareholder in the corporation brought a derivative suit against the corporation and its directors, alleging breach of fiduciary duty. Which state’s law is the court likely to apply to resolve the suit?119A corporation was incorporated in State A, but headquartered in State B. A shareholder, a State B domiciliary, owned 100 shares in the corporation....
A corporation was incorporated in State A, but headquartered in State B. A shareholder, a State B domiciliary, owned 100 shares in the corporation. In State B state court, the shareholder brought a lawsuit asserting a right to inspect the corporation’s books and records. What law is the court likely to apply to determine whether the shareholder may inspect the company’s books and records?120A shareholder domiciled in State A owned 100 shares of stock in a corporation incorporated in State B. The corporation’s corporate charter did not ...
A shareholder domiciled in State A owned 100 shares of stock in a corporation incorporated in State B. The corporation’s corporate charter did not specifically authorize cumulative voting. Under State B law, shareholders always have the option to elect directors by cumulative voting. Under State A law, shareholders do not have this option, unless the corporate charter specifically authorizes it. Assume the shareholder gave proper notice to the other shareholders. Will the shareholder be permitted to vote his shares cumulatively at the next annual meeting?121Under the Second Restatement, if a marriage satisfies the requirements of the state where it was contracted, will it generally be recognized as val...
Under the Second Restatement, if a marriage satisfies the requirements of the state where it was contracted, will it generally be recognized as valid in all other states?122Under the Second Restatement, if a marriage is not valid in the place of celebration, is it possible for the marriage to be valid in other states?
Under the Second Restatement, if a marriage is not valid in the place of celebration, is it possible for the marriage to be valid in other states?123Under the vested-rights approach, which state’s law governs the validity of a marriage?
Under the vested-rights approach, which state’s law governs the validity of a marriage?124Under the vested-rights approach, which state’s law generally governs whether a marriage may be annulled?
Under the vested-rights approach, which state’s law generally governs whether a marriage may be annulled?125Under the vested-rights approach, which state’s law governs a child’s legitimacy?
Under the vested-rights approach, which state’s law governs a child’s legitimacy?126Under the vested-rights approach, may one state refuse to recognize a marriage valid in the state of celebration on public-policy grounds?
Under the vested-rights approach, may one state refuse to recognize a marriage valid in the state of celebration on public-policy grounds?127Under the Second Restatement, which state’s law will the court apply in determining whether to grant an annulment of a marriage?
Under the Second Restatement, which state’s law will the court apply in determining whether to grant an annulment of a marriage?128Under the Second Restatement, if one spouse petitions for a divorce, which state’s law will the court generally apply to determine whether the divo...
Under the Second Restatement, if one spouse petitions for a divorce, which state’s law will the court generally apply to determine whether the divorce may be legally granted?129Under the Second Restatement, which state’s law will a court apply to determine whether a child is legitimate?
Under the Second Restatement, which state’s law will a court apply to determine whether a child is legitimate?130A man and a woman, both domiciled in State A, decided to marry. They traveled to State B and were legally married there. State A follows the Second...
A man and a woman, both domiciled in State A, decided to marry. They traveled to State B and were legally married there. State A follows the Second Restatement.When they return to State A, will their marriage be recognized as valid there?131A man wished to marry his niece. They were both domiciled in State A. State A had a strong public policy against uncles marrying their nieces. The ...
A man wished to marry his niece. They were both domiciled in State A. State A had a strong public policy against uncles marrying their nieces. The man and his niece traveled to State B and got married there. In State B, uncles and nieces could legally wed. State A follows the Second Restatement.Is State A likely to recognize the validity of this marriage?132While domiciled in State A, a man had an illegitimate child. The man then moved to State B and established a new domicile there. The child remained...
While domiciled in State A, a man had an illegitimate child. The man then moved to State B and established a new domicile there. The child remained domiciled in State A. While in State B, the man publicly acknowledged that the child was his child. Under State B law, the man’s acknowledgement would not legitimate the child. Under State A law, this same acknowledgement would legitimate the child. Is a court following the Second Restatement likely to conclude that the child is the man’s legitimate child?133In the United States, what law will the forum court apply to matters of procedure?
In the United States, what law will the forum court apply to matters of procedure?134In general, for conflict-of-laws purposes, what is an issue of substance?
In general, for conflict-of-laws purposes, what is an issue of substance?135In general, for conflict-of-laws purposes, what is an issue of procedure?
In general, for conflict-of-laws purposes, what is an issue of procedure?136For conflict-of-laws purposes, is the method of serving process and giving the defendant notice of the proceeding generally classified as substanti...
For conflict-of-laws purposes, is the method of serving process and giving the defendant notice of the proceeding generally classified as substantive or procedural?137In general, for conflict-of-laws purposes, are rules governing pleadings and the conduct of court proceedings deemed substantive or procedural?
In general, for conflict-of-laws purposes, are rules governing pleadings and the conduct of court proceedings deemed substantive or procedural?138In general, for conflict-of-laws purposes, is whether to try an issue by judge or jury deemed to be a procedural or substantive matter?
In general, for conflict-of-laws purposes, is whether to try an issue by judge or jury deemed to be a procedural or substantive matter?139In general, for conflict-of-laws purposes, is the manner of enforcing a judgment deemed to be a substantive or procedural issue?
In general, for conflict-of-laws purposes, is the manner of enforcing a judgment deemed to be a substantive or procedural issue?140In general, for conflict-of-laws purposes, are a witness’s competence to testify and credibility deemed substantive or procedural issues?
In general, for conflict-of-laws purposes, are a witness’s competence to testify and credibility deemed substantive or procedural issues?141Under the vested-rights approach, are all evidentiary matters deemed procedural?
Under the vested-rights approach, are all evidentiary matters deemed procedural?142Under the Second Restatement, are most evidentiary matters classified as procedural for conflict-of-laws purposes?
Under the Second Restatement, are most evidentiary matters classified as procedural for conflict-of-laws purposes?143Under the Second Restatement, which state’s law generally governs presumptions, burdens of proof and persuasion, and sufficiency of the evidence?
Under the Second Restatement, which state’s law generally governs presumptions, burdens of proof and persuasion, and sufficiency of the evidence?144Under the vested-rights approach, which state’s laws generally govern statute-of-frauds and parol-evidence issues in contract?
Under the vested-rights approach, which state’s laws generally govern statute-of-frauds and parol-evidence issues in contract?145Under the Second Restatement, what conflict-of-laws rules apply to statute-of-frauds and parol-evidence issues?
Under the Second Restatement, what conflict-of-laws rules apply to statute-of-frauds and parol-evidence issues?146Under the vested-rights approach, are statutes of limitations substantive or procedural?
Under the vested-rights approach, are statutes of limitations substantive or procedural?147Under the Second Restatement, which jurisdiction’s statute of limitations generally applies to a case?
Under the Second Restatement, which jurisdiction’s statute of limitations generally applies to a case?148In general, under what circumstances does a statute of limitations bar the right, not merely the remedy?
In general, under what circumstances does a statute of limitations bar the right, not merely the remedy?149In State A, two drivers were involved in a traffic accident. In the courts of State B, one driver brought a personal injury suit against the other....
In State A, two drivers were involved in a traffic accident. In the courts of State B, one driver brought a personal injury suit against the other. Under State A’s law, a jury must determine the issue of contributory negligence. Under State B’s law, the judge may resolve contributory negligence if there is not enough evidence for a reasonable factfinder to conclude that the plaintiff’s own negligence helped cause the injury. At the end of the trial, the State B judge concludes that there is not enough evidence for a reasonable trier of fact to find contributory negligence here. Must the State B judge submit the issue to the jury?150A buyer domiciled in State A met with a real estate agent domiciled in State B at a coffee shop in State B. They entered into an oral contract in w...
A buyer domiciled in State A met with a real estate agent domiciled in State B at a coffee shop in State B. They entered into an oral contract in which the agent agreed to help the buyer purchase a house in State B. The agent showed the buyer dozens of houses. The buyer eventually bought a house in State B, but refused to pay the agent’s commission. In State A, the agent sued the buyer for breach of contract. Under State B law, all contracts between real estate agents and their clients must be in writing to be enforceable. Under State A law, oral agreements between real estate agents and their clients are enforceable. The State A court follows the Second Restatement. What law is the State A court likely to apply to determine whether the oral agreement between the buyer and the agent is enforceable?151A man was convicted of a crime in State A, and was later called to testify in an unrelated civil suit in State B. Under State A’s law, individuals ...
A man was convicted of a crime in State A, and was later called to testify in an unrelated civil suit in State B. Under State A’s law, individuals convicted of a crime are competent to testify in a civil suit unrelated to the crime. Under State B’s law, individuals convicted of a crime are not competent to testify in civil suits. Does the man’s prior conviction in State A bar him from testifying in the State B civil suit?152In conflict of laws, what is the public-policy exception?
In conflict of laws, what is the public-policy exception?153If the law of another state differs from that of the forum state, is that sufficient by itself to invoke the public-policy exception?
If the law of another state differs from that of the forum state, is that sufficient by itself to invoke the public-policy exception?154For purposes of the public-policy exception, what is a prominent public policy of the forum?
For purposes of the public-policy exception, what is a prominent public policy of the forum?155Historically, were usury, prostitution, and gambling laws commonly held unenforceable in other states on public-policy grounds?
Historically, were usury, prostitution, and gambling laws commonly held unenforceable in other states on public-policy grounds?156In conflict of laws, why is the public-policy exception sometimes described as an escape device?
In conflict of laws, why is the public-policy exception sometimes described as an escape device?157If a court applies the Second Restatement, does it have any need of the public-policy exception to refuse to apply another jurisdiction’s law?
If a court applies the Second Restatement, does it have any need of the public-policy exception to refuse to apply another jurisdiction’s law?158A married couple domiciled in State A were expecting a child. They already had one child with a genetic disease. They hired a State B company to co...
A married couple domiciled in State A were expecting a child. They already had one child with a genetic disease. They hired a State B company to conduct a test to determine whether the fetus would likely have the disease. The company told the couple that the fetus did not have the disease. Based on this report, the wife chose to continue the pregnancy. After birth, the child tested positive for the disease. Investigation showed that the company’s technicians had misread the test and, thus, misled the couple. The couple sued the company in State A. Under State B law, the couple has no claim. But State A’s strong public policy is to allow parents to sue if a defendant’s negligence denies them the right to decide whether to bear a child with a genetic defect. State A follows the First Restatement. Which state’s law is the court likely to apply?159A gambler, a State A domiciliary, traveled to State B to gamble at a casino. The casino loaned the gambler $10,000 in gambling money. The gambler l...
A gambler, a State A domiciliary, traveled to State B to gamble at a casino. The casino loaned the gambler $10,000 in gambling money. The gambler lost it all playing blackjack, but refused to repay the loan. The casino sued the gambler in State A state court, seeking to recover the unpaid debt. State B law permits actions to collect gambling debts. However, State A has a strong public policy against allowing lawsuits to enforce gambling contracts. State A follows the Second Restatement with respect to contract cases. Which state’s law is the State A court likely to apply to resolve this suit?160A tenant leased a State A apartment for one year. After three months, the tenant broke the lease and moved to State B. The landlord made no effort ...
A tenant leased a State A apartment for one year. After three months, the tenant broke the lease and moved to State B. The landlord made no effort to locate a replacement tenant, so the apartment sat empty. At the end of the lease term, the landlord sued the tenant in State B court for breach of contract, seeking to recover the rent due on the final nine months of the lease. Under State A law, a landlord has no duty to find a replacement tenant if a tenant abandons a lease. Under State B law, a landlord must demonstrate reasonable diligence in attempting to re-lease the premises, or else the landlord cannot recover for unpaid rent. Assume State A law would ordinarily apply under State B choice-of-law rules. Is the State B court likely to apply State B law to this dispute instead, relying on the public-policy exception?161For conflict-of-laws purposes, what is a penal law?
For conflict-of-laws purposes, what is a penal law?162Will a court in one jurisdiction generally enforce another jurisdiction’s penal statute?
Will a court in one jurisdiction generally enforce another jurisdiction’s penal statute?163What is the relationship between the rule against enforcing other states' penal laws and the public-policy exception?
What is the relationship between the rule against enforcing other states' penal laws and the public-policy exception?164In determining whether another state’s statute is penal, for conflict-of-laws purposes, will courts generally apply the law of the forum or the law...
In determining whether another state’s statute is penal, for conflict-of-laws purposes, will courts generally apply the law of the forum or the law of the jurisdiction that enacted the statute?165Can a statute be deemed penal for conflict-of-laws purposes if it does not impose a fine or imprisonment?
Can a statute be deemed penal for conflict-of-laws purposes if it does not impose a fine or imprisonment?166State A enacted a statute allowing an insured to sue to recover a fixed sum from any insurance company if the insurance company refused, in bad fai...
State A enacted a statute allowing an insured to sue to recover a fixed sum from any insurance company if the insurance company refused, in bad faith, to pay an insurance loss. An insured who was domiciled in State A submitted a claim for a covered loss to his insurance company, which was headquartered and incorporated in State B. The company refused in bad faith to pay the claim. The insured sued the company in State B court. The insured argued that he was entitled to recover the fixed sum set by the State A statute. Will the court give effect to the statute?167State A enacted a statute requiring a corporation’s charter to be filed in the clerk’s office of the county where the corporation had its principal...
State A enacted a statute requiring a corporation’s charter to be filed in the clerk’s office of the county where the corporation had its principal place of business. If this filing was not made, the corporation’s shareholders would become personally liable for the corporation’s debts. The officers of a State A corporation failed to make the requisite filing. A creditor of the corporation sued one of the corporation’s passive shareholders, a State B domiciliary, in State B court. The creditor sought to hold the shareholder liable for the corporation’s debts, pursuant to the State A statute. Will the State B court give effect to the State A statute?168State A enacted a statute stating that any lender charging more than 12 percent interest on a loan would forfeit its right to receive any interest ...
State A enacted a statute stating that any lender charging more than 12 percent interest on a loan would forfeit its right to receive any interest on that loan. The statute further provided that the borrower could recover twice the interest paid. A State A bank agreed to lend $10,000 at a rate of 15 percent to a borrower domiciled in State B. After paying $1,500 in interest, the borrower sued the bank in State B court. The borrower argued that he was entitled to recover twice the interest paid—$3,000—pursuant to the State A statute. Will the Minnesota court give effect to the State A statute?169What is the revenue rule?
What is the revenue rule?170Is one reason for the revenue rule that other nations’ revenue laws are deemed penal?
Is one reason for the revenue rule that other nations’ revenue laws are deemed penal?171Is one reason for the revenue rule that U.S. courts are hesitant to declare that another nation’s revenue laws are repugnant to domestic U.S. publi...
Is one reason for the revenue rule that U.S. courts are hesitant to declare that another nation’s revenue laws are repugnant to domestic U.S. public policy?172Is one reason for the revenue rule that it is offensive to the sovereignty of the United States to use its courts to further a foreign sovereign’s ...
Is one reason for the revenue rule that it is offensive to the sovereignty of the United States to use its courts to further a foreign sovereign’s interests?173Does the revenue rule generally bar courts in the United States from enforcing the tax laws of other U.S. states?
Does the revenue rule generally bar courts in the United States from enforcing the tax laws of other U.S. states?174If the United States enters a tax treaty with a foreign nation in which the United States commits to assist that nation with collecting its taxes, ...
If the United States enters a tax treaty with a foreign nation in which the United States commits to assist that nation with collecting its taxes, does the traditional revenue rule still apply?175If the United States enters a tax treaty with a foreign nation in which the United States commits to assist that nation with collecting its taxes, ...
If the United States enters a tax treaty with a foreign nation in which the United States commits to assist that nation with collecting its taxes, does the traditional revenue rule still apply?176If Congress enacts a federal statute requiring courts in the United States to enforce another nation’s revenue laws, does the traditional revenue r...
If Congress enacts a federal statute requiring courts in the United States to enforce another nation’s revenue laws, does the traditional revenue rule apply?177The government of a foreign country doubled its cigarette taxes. In response, a cigarette manufacturer from that country with several U.S. affiliat...
The government of a foreign country doubled its cigarette taxes. In response, a cigarette manufacturer from that country with several U.S. affiliates began exporting cigarettes to the United States. The company falsely declared to its national officials that the cigarettes were not for consumption in the foreign country. The company then had the cigarettes smuggled back into the foreign country, selling them to black-market distributors there without paying tax. After discovering this scheme, the country brought an action against the cigarette manufacturer, along with its U.S. affiliates, in federal district court in a U.S. state. It sought to recover, as damages, the unpaid taxes on the cigarettes. The defendants moved to dismiss, claiming that U.S. courts may not enforce a foreign nation’s revenue laws. Is the court likely to grant this motion?178A man was a dual citizen—a citizen of both the United States and a foreign country. He lived and worked in the foreign country for several years, b...
A man was a dual citizen—a citizen of both the United States and a foreign country. He lived and worked in the foreign country for several years, but paid the country no income tax on his earnings. Eventually, the man moved to the U.S., after which the foreign government realized that the man owed it substantial unpaid income taxes. The foreign country sued the man in federal district court in a U.S. state. The man moved to dismiss, arguing that U.S. courts may not enforce a foreign nation’s revenue laws. Is the court likely to grant this motion?179Under the federal wire-fraud statute, a smuggler was tried and convicted in the United States for smuggling liquor across the border into a neighbo...
Under the federal wire-fraud statute, a smuggler was tried and convicted in the United States for smuggling liquor across the border into a neighboring country, for black-market sale there without paying the foreign country’s liquor tax. The smuggler appealed his conviction. He argued that statutes altering the common law should be read narrowly, with a presumption favoring the retention of long-established principles—namely, the common-law revenue rule. He also argued that the federal wire-fraud statute should not be construed to punish plots to defraud a foreign government of tax revenue, as the revenue rule prohibits U.S. courts from enforcing foreign tax laws. On appeal, is the smuggler likely to prevail?180Does the Due Process Clause of the Fourteenth Amendment in any way limit state courts’ ability to apply forum law?
Does the Due Process Clause of the Fourteenth Amendment in any way limit state courts’ ability to apply forum law?181What test determines whether a state court’s application of forum law comports with due process?
What test determines whether a state court’s application of forum law comports with due process?182In practice, do courts often conclude that a state court’s application of forum law violates due process?
In practice, do courts often conclude that a state court’s application of forum law violates due process?183A sailor domiciled in State A moved to a foreign country and bought a boat. The sailor contracted with an insurance company in that country to insu...
A sailor domiciled in State A moved to a foreign country and bought a boat. The sailor contracted with an insurance company in that country to insure the boat in the foreign country’s waters. The policy contained a term, valid in the country, stipulating that any claim under the policy must be brought within one year after the covered loss. The boat sank, and the sailor returned to State A. Exactly one year and six months after the sinking, the sailor sued the company in State A state court, seeking to recover under the policy. The company invoked the term requiring claims to be brought within a year. In response, the sailor invoked a State A statute that invalidates any insurance-policy provision giving the insured less than two years’ time to file a claim. Would applying the State A statute to invalidate the one-year limitation in the insurance policy violate due process?184A State A company contracted with an State B insurer for liability coverage. The policy contained a provision, valid in State A and State B, barrin...
A State A company contracted with an State B insurer for liability coverage. The policy contained a provision, valid in State A and State B, barring direct claims by third parties against the insurer until after a final, binding determination of the company’s liability. A customer purchased and was injured by one of the company’s hair products in State C, where the customer was domiciled. The customer sued the insurer in State C court, invoking a State C direct-action statute permitting injured persons to sue an insurer before a final determination of the insured’s liability, regardless what the policy provides. In response, the insurer invoked the policy provision, arguing that due process prohibited State C from applying its direct-action statute on these facts. Would applying State C law here violate due process?185A customer domiciled in State A purchased a worldwide insurance policy covering personal property from an insurance company licensed to do business...
A customer domiciled in State A purchased a worldwide insurance policy covering personal property from an insurance company licensed to do business in State A and State B. The policy contained a clause, valid in State A, stipulating that any claims must be brought within 12 months after an insurable loss. The customer relocated to State B and established a new domicile there. The customer suffered a loss under the policy, but waited 14 months to file a claim. When the company refused to pay, the customer sued in State B court. Under State B law, clauses requiring suits to be brought within less than five years after an insurable loss are invalid. Would applying State B law on these facts violate due process?186A worker domiciled in State A commuted to work in State B. On a weekend day when he was not working, the worker was killed in a car accident with a...
A worker domiciled in State A commuted to work in State B. On a weekend day when he was not working, the worker was killed in a car accident with an uninsured motorist in State A. The motorist was domiciled in State A. At death, the worker held an insurance policy insuring the worker against loss from accidents with uninsured motorists. This coverage was limited to $15,000 for each car the worker owned. The worker owned three cars at the time of the accident. After the accident, the worker’s widow moved to State B. The widow sued the insurance company in State B court, seeking to stack the uninsured-motorist coverage on each of the worker’s three cars and recover $45,000. Stacking is permitted under State B law, but not under State A law. Would applying State B law on these facts violate due process?187What is the Full Faith and Credit Clause?
What is the Full Faith and Credit Clause?188Does the Full Faith and Credit Clause limit the ability of state courts to apply forum-state law?
Does the Full Faith and Credit Clause limit the ability of state courts to apply forum-state law?189How are the constitutional limitations on choice of law imposed by the Full Faith and Credit Clause different from the limitations imposed by the D...
How are the constitutional limitations on choice of law imposed by the Full Faith and Credit Clause different from the limitations imposed by the Due Process Clause?190In practice, for choice-of-law purposes, do courts typically distinguish between the Full Faith and Credit Clause and the Due Process Clause?
In practice, for choice-of-law purposes, do courts typically distinguish between the Full Faith and Credit Clause and the Due Process Clause?191What is the modern test to determine whether applying a particular state’s law passes muster under both the Due Process Clause and the Full Faith a...
What is the modern test to determine whether applying a particular state’s law passes muster under both the Due Process Clause and the Full Faith and Credit Clause?192Under the Due Process Clause and Full Faith and Credit Clause, may the forum apply its own procedural rules to a case, regardless of other connecti...
Under the Due Process Clause and Full Faith and Credit Clause, may the forum apply its own procedural rules to a case, regardless of other connections to the case?193A worker accepted a job in State A. The employer directed the worker to travel to State B for work. While in State B, the worker suffered a work-re...
A worker accepted a job in State A. The employer directed the worker to travel to State B for work. While in State B, the worker suffered a work-related injury. The worker later returned to State A and filed a workers’ compensation claim against the employer. Applying State A law, the State A courts rendered an award in favor of the worker. The employer appealed the award, arguing that applying State A workers’ compensation law—rather than that of State B, the state where the injury occurred—violated the Full Faith and Credit Clause. Did applying State A law violate the Full Faith and Credit Clause?194A worker accepted a job in State A. The employer directed the worker to travel to State B for work. While in State B, the worker suffered a work-re...
A worker accepted a job in State A. The employer directed the worker to travel to State B for work. While in State B, the worker suffered a work-related injury. Later, the worker filed a workers’ compensation claim against the employer in State B. Applying State B law, the State B courts rendered an award in favor of the worker. The employer appealed the award, arguing that applying State B workers’ compensation law—rather than that of State A, the state where the employment relationship was centered—violated the Full Faith and Credit Clause. Did applying State B law violate the Full Faith and Credit Clause?195An oil company signed leases with landowners in 11 states, including State A, to extract natural gas from their property. After the company missed ...
An oil company signed leases with landowners in 11 states, including State A, to extract natural gas from their property. After the company missed several payments on these leases, the landowners filed a class-action suit against the company in State A court. The class consisted of approximately 28,000 people. Ninety-nine percent of the leases—and 97 percent of the class members—had no connection to State A. Even so, the State A court held that State A contract law applied to every claim, and ruled in favor of the plaintiffs. Did applying State A law to every claim violate the Full Faith and Credit Clause?196What is the Privileges and Immunities Clause?
What is the Privileges and Immunities Clause?197What is the purpose of the Privileges and Immunities Clause?
What is the purpose of the Privileges and Immunities Clause?198In theory, could the Privileges and Immunities Clause be construed to limit United States courts’ ability to take domicile into account when render...
In theory, could the Privileges and Immunities Clause be construed to limit United States courts’ ability to take domicile into account when rendering choice-of-law decisions?199Does the Privileges and Immunities Clause apply to corporations?
Does the Privileges and Immunities Clause apply to corporations?200In practice, does the Privileges and Immunities Clause limit United States courts’ ability to take domicile into account when rendering choice-of-l...
In practice, does the Privileges and Immunities Clause limit United States courts’ ability to take domicile into account when rendering choice-of-law decisions?201State A enacted a licensing statute imposing substantially higher fees for elk-hunting licenses on non-residents than on residents of State A. An o...
State A enacted a licensing statute imposing substantially higher fees for elk-hunting licenses on non-residents than on residents of State A. An out-of-state resident who often hunted elk in State A challenged the statute, on the grounds that it violated the Privileges and Immunities Clause.Is the State A licensing statute unconstitutional?202State A enacted a statute prohibiting non-resident attorneys from being sworn into the bar in State A. The stated rationale was that, compared to S...
State A enacted a statute prohibiting non-resident attorneys from being sworn into the bar in State A. The stated rationale was that, compared to State A residents, non-residents were less likely to keep abreast of local rules and procedures, to behave ethically, to be available for court proceedings, and to do pro bono work in State A. An out-of-state attorney seeking admission to practice in State A challenged the statute on the grounds that it violated the Privileges and Immunities Clause. Is the State A statute unconstitutional?203A woman domiciled in a State A drove a man domiciled in State B to a party. Her negligent driving injured the man. The man then drove the woman to ...
A woman domiciled in a State A drove a man domiciled in State B to a party. Her negligent driving injured the man. The man then drove the woman to a party, and his negligent driving injured her. In State B, the woman sued the man to recover for her injuries, and the man counterclaimed. State B’s guest statute bars passengers from recovering from drivers. State A has no guest statute. Using interest analysis, the State B court applied State B’s statute to dismiss the woman’s claim against the man, holding that State B had an interest in applying its guest statute to immunize its domiciliary, the man. The court held that State A had no interest in protecting its domiciliary, the woman, and that the man’s suit against the woman could proceed. In practice, is an appellate court likely to find that this differential treatment, based on domicile, violates the Privileges and Immunities Clause?204What is the Supremacy Clause?
What is the Supremacy Clause?205What is the purpose of the Supremacy Clause?
What is the purpose of the Supremacy Clause?206How is the Supremacy Clause relevant in the conflict-of-laws context?
How is the Supremacy Clause relevant in the conflict-of-laws context?207What is the doctrine of preemption?
What is the doctrine of preemption?208What is express preemption?
What is express preemption?209What is implied preemption?
What is implied preemption?210What does it mean to say that federal law occupies the field?
What does it mean to say that federal law occupies the field?211For preemption purposes, under what general circumstances do federal and state law conflict?
For preemption purposes, under what general circumstances do federal and state law conflict?212Do courts presume in favor of implied preemption?
Do courts presume in favor of implied preemption?213If federal law occupies the field, are only competing or conflicting state laws preempted?
If federal law occupies the field, are only competing or conflicting state laws preempted?214How do courts resolve conflicts between the U.S. Constitution and any other federal law?
How do courts resolve conflicts between the U.S. Constitution and any other federal law?215How do courts resolve a conflict between a federal statute or treaty on the one hand and a regulation, an executive order, or federal common law on...
How do courts resolve a conflict between a federal statute or treaty on the one hand and a regulation, an executive order, or federal common law on the other?216How do courts deal with conflicts between federal statutes and federal treaties?
How do courts deal with conflicts between federal statutes and federal treaties?217State A enacted a statute stating that no person who was not of the Christian faith could be elected to represent State A in the United States Sena...
State A enacted a statute stating that no person who was not of the Christian faith could be elected to represent State A in the United States Senate. A State A atheist seeking election to the U.S. Senate challenged the statute, on the grounds that it was inconsistent with Article VI of the United States Constitution. Article VI states that religious tests shall not be used to determine eligibility for a federal office. Given the conflict between the State A statute and Article VI of the Constitution, which law should the court apply?218State A amended its state constitution to provide that white and black children must attend separate schools. A black child seeking to attend what ...
State A amended its state constitution to provide that white and black children must attend separate schools. A black child seeking to attend what was now an all-white school in State A challenged this provision, on the grounds that it was inconsistent with a valid federal statute expressly prohibiting school segregation based on race. The State argued that the court should apply the state constitutional provision, not the federal statute. Given the conflict between these two provisions, which party has the better argument—the student or the state?219The United States and two neighboring countries ratified a treaty to protect migratory birds. The treaty outlawed the hunting of swans on federal l...
The United States and two neighboring countries ratified a treaty to protect migratory birds. The treaty outlawed the hunting of swans on federal lands, such as national parks. One year after the treaty was ratified, Congress enacted a federal statute that specifically authorized the hunting of swans on federal lands. An environmental group challenged the statute, on the grounds that it conflicted with the treaty. Given the conflict between these two provisions, which should the court apply?220What is the Erie doctrine?
What is the Erie doctrine?221In general, for purposes of the Erie doctrine, what is substantive law?
In general, for purposes of the Erie doctrine, what is substantive law?222In general, for purposes of the Erie doctrine, what is procedural law?
In general, for purposes of the Erie doctrine, what is procedural law?223Under the Erie doctrine, in a diversity case, will the federal district courts generally apply a federal statute or a Federal Rule of Civil Procedu...
Under the Erie doctrine, in a diversity case, will the federal district courts generally apply a federal statute or a Federal Rule of Civil Procedure in place of a contrary state rule on the subject?224Under the Erie doctrine, will the federal district courts generally apply a federal judge-made procedural rule in place of a contrary state rule on...
Under the Erie doctrine, will the federal district courts generally apply a federal judge-made procedural rule in place of a contrary state rule on the subject in a diversity case?225If a court classifies an issue as substantive or procedural for Erie purposes, will that classification determine whether the issue is substantive ...
If a court classifies an issue as substantive or procedural for Erie purposes, will that classification determine whether the issue is substantive or procedural for general conflict-of-laws purposes?226For Erie purposes, are conflict-of-laws rules substantive or procedural?
For Erie purposes, are conflict-of-laws rules substantive or procedural?227For Erie purposes, are statutes of limitation substantive or procedural?
For Erie purposes, are statutes of limitation substantive or procedural?228A passenger domiciled in State A was injured in a car accident. The driver was a State B domiciliary. The passenger sued the driver in federal cour...
A passenger domiciled in State A was injured in a car accident. The driver was a State B domiciliary. The passenger sued the driver in federal court in State B, invoking diversity jurisdiction. The passenger hired a process server, who served the driver by leaving copies of the summons and the complaint with the driver’s wife at the residence they shared. This method of service complied with the Federal Rules of Civil Procedure, but it did not comply with State B law governing service of process. The driver argued that (1) this conflict between state and federal law concerned an issue of substance under Erie, and (2) the court should thus apply State B law and dismiss the case for improper service. Under Erie, must the federal court apply the State B law governing service of process?229A seller breached a contract he had entered with a buyer. Three years later, the buyer sued the seller in the state courts of State A. State A’s st...
A seller breached a contract he had entered with a buyer. Three years later, the buyer sued the seller in the state courts of State A. State A’s statute of limitations for breach of contract is four years. But the contract was made and to be performed in State B, where the statute of limitations for breach of contract is two years. The seller moved to dismiss, contending that: (1) the United States Supreme Court has held statutes of limitations substantive, rather than procedural, for Erie purposes; (2) State A’s courts should adopt this classification for general conflict-of-laws purposes; and (3) a conflict-of-laws analysis treating statutes of limitations as substantive would require applying State B’s rule, rendering the buyer’s action untimely. Must the court apply the State B statute of limitations just because of how the Supreme Court characterized the issue under Erie?230A plaintiff brought a personal-injury suit against a defendant in State A’s federal district court. The basis for federal subject-matter jurisdicti...
A plaintiff brought a personal-injury suit against a defendant in State A’s federal district court. The basis for federal subject-matter jurisdiction was diversity of citizenship. Under State A’s conflict-of-laws rules, the court would apply State B’s substantive tort law. Under federal conflict-of-laws rules, the court would apply State A’s substantive tort law. Which conflict-of-laws rules should the federal court apply to determine which state’s law will govern this suit? To flip this card, please start your free trial or log in.