All flashcards
230 cards
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 ...
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?
3In 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 ...
5May 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?
7Why 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 ...
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 ...
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...
11What is the difference between internal law and whole law?
12What is renvoi?
13What does it mean for a court to accept the renvoi?
14What does it mean for a court to reject the renvoi?
15Is it common for courts in the United States to accept the renvoi?
16Under what exceptional circumstances will a court accept the renvoi?
17For purposes of renvoi, what is remission?
18For 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?
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 “...
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...
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...
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...
24What is dépeçage?
25Under what circumstances do courts today typically engage in dépeçage?
26Do 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?
28May contracting parties engage in contractual dépeçage by agreeing that different bodies of law will govern different parts of the contract in a ch...
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...
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...
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...
32In conflict of laws, what is foreign law?
33In conflict of laws, what is forum law?
34In 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?
36In 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?
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...
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?
40What 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?
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...
43In 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...
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-...
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...
47What 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?
49Is 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?
51Is 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?
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...
54Do 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?
56What are the four major contemporary policy approaches to conflict of laws?
57In conflict of laws, what is interest analysis?
58For 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?
60Under 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?
62For purposes of interest analysis, what is an apparent conflict?
63For purposes of interest analysis, what is a true conflict?
64In conflict of laws, what is comparative impairment?
65What 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?
67In 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...
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...
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...
71In 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?
73Under 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?
75In 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...
77In 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?
79Under 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?
81Under 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?
83Under 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...
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...
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...
87Under 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...
89Under 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?
91Under the Second Restatement, if contracting parties choose one state’s law to govern their contract, under what circumstances will courts apply th...
92Under 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...
94Under 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?
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...
97A company headquartered in State A entered an employment contract with an employee, a State A domiciliary. Under the contract, the employee promise...
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...
99Under 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...
101Under 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?
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...
104Under 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 ...
106Under 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?
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...
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...
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...
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...
112Under 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?
114What 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...
116Under 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?
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...
119A corporation was incorporated in State A, but headquartered in State B. A shareholder, a State B domiciliary, owned 100 shares in the corporation....
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 ...
121Under the Second Restatement, if a marriage satisfies the requirements of the state where it was contracted, will it generally be recognized as val...
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?
123Under 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?
125Under 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?
127Under 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...
129Under 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...
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 ...
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...
133In 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?
135In 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...
137In 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?
139In 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?
141Under 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?
143Under 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?
145Under 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?
147Under 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?
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....
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...
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 ...
152In 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?
154For 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?
156In 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?
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...
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...
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 ...
161For conflict-of-laws purposes, what is a penal law?
162Will 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?
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...
165Can 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...
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...
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 ...
169What is the revenue rule?
170Is 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...
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 ...
173Does 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, ...
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, ...
176If Congress enacts a federal statute requiring courts in the United States to enforce another nation’s revenue laws, does the traditional revenue r...
177The government of a foreign country doubled its cigarette taxes. In response, a cigarette manufacturer from that country with several U.S. affiliat...
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...
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...
180Does 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?
182In 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...
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...
185A customer domiciled in State A purchased a worldwide insurance policy covering personal property from an insurance company licensed to do business...
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...
187What 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?
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...
190In 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...
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...
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...
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...
195An oil company signed leases with landowners in 11 states, including State A, to extract natural gas from their property. After the company missed ...
196What is the Privileges and Immunities Clause?
197What 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...
199Does 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...
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...
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...
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 ...
204What is the Supremacy Clause?
205What is the purpose of the Supremacy Clause?
206How is the Supremacy Clause relevant in the conflict-of-laws context?
207What is the doctrine of preemption?
208What is express preemption?
209What is implied preemption?
210What does it mean to say that federal law occupies the field?
211For preemption purposes, under what general circumstances do federal and state law conflict?
212Do courts presume in favor of implied preemption?
213If 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?
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...
216How 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...
218State A amended its state constitution to provide that white and black children must attend separate schools. A black child seeking to attend what ...
219The United States and two neighboring countries ratified a treaty to protect migratory birds. The treaty outlawed the hunting of swans on federal l...
220What is the Erie doctrine?
221In general, for purposes of the Erie doctrine, what is substantive law?
222In 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...
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...
225If a court classifies an issue as substantive or procedural for Erie purposes, will that classification determine whether the issue is substantive ...
226For Erie purposes, are conflict-of-laws rules substantive or procedural?
227For 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...
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...
230A plaintiff brought a personal-injury suit against a defendant in State A’s federal district court. The basis for federal subject-matter jurisdicti...
All flashcards
230 cards
To flip this card, please start your free trial or log in.