Choice of law and conflict of laws principles tested on the bar exam.
33 cards · basic cards · AI-written, checked twice. Edit anything.
- What does the Full Faith and Credit Clause require?
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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?
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The chosen state's law must have a reasonable relationship to the transaction, the parties, or the property involved- Define domicile
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The place where a person has established a fixed habitation and intends to remain indefinitely- What is forum non conveniens?
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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?
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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?
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The law of the place where the tort occurred- What is lex loci contractus?
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The law of the place where a contract was made or executed- What is a contact in conflict of laws?
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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?
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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?
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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?
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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?
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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?
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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?
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No, each state enforces only its own penal laws- Will courts enforce the revenue or tax laws of another state?
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No, each state collects only its own taxes and does not enforce another state's tax laws
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