Choice of law and conflict of laws principles tested on the bar exam.
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- What does the Full Faith and Credit Clause require?
- That states give full effect to judgments and public acts of other states
- What is the constitutional test for choice of law under the Due Process Clause?
- The chosen state's law must have a reasonable relationship to the transaction, the parties, or the property involved
- Define domicile
- The place where a person has established a fixed habitation and intends to remain indefinitely
- What is forum non conveniens?
- A doctrine allowing a court to dismiss an action despite valid jurisdiction when a foreign forum is more convenient for the parties and justice
- What is the most significant relationship test?
- A conflicts approach that applies the law of the state having the most significant relationship to the transaction and the parties involved
- What is lex loci delicti?
- The law of the place where the tort occurred
- What is lex loci contractus?
- The law of the place where a contract was made or executed
- What is a contact in conflict of laws?
- A connection between a state and a transaction, such as the location of property, domicile of a party, or place of conduct
- What is renvoi?
- A doctrine that refers back to the conflict of laws rules of the foreign state instead of only applying its substantive law
- What is characterization or qualification in conflict of laws?
- The process of determining which legal category or conflicts category an issue belongs to for purposes of applying choice of law rules
- What is depecage?
- The practice of applying different states' laws to different issues or claims arising from a single transaction
- What is an escape device in conflict of laws?
- A technique such as renvoi or characterization used to avoid applying an otherwise indicated choice of law rule
- How are substance and procedure treated differently in conflict of laws?
- Substantive matters are governed by the chosen law; procedural matters are governed by the forum's own law
- Will courts enforce the penal laws of another state?
- No, each state enforces only its own penal laws
- Will courts enforce the revenue or tax laws of another state?
- No, each state collects only its own taxes and does not enforce another state's tax laws