What is Conflict of Laws?

Conflict of Laws addresses which jurisdiction's law applies when a dispute touches more than one state or country, and when one court must recognize another court's judgment.

Domicile is the place where a person has a physical presence and intends to make a permanent home. A person has only one domicile at a time.

What is the Erie doctrine?

In federal diversity cases, a federal court applies federal procedural law but the substantive law of the state in which it sits, including that state's choice-of-law rules.

What is the traditional tort choice-of-law rule?

Traditional tort conflicts analysis generally applies the law of the place of the wrong, usually the place where the injury occurred.

When are contractual choice-of-law clauses usually enforced?

They are generally enforced if the chosen state has a substantial relationship or other reasonable basis and applying its law does not violate a fundamental policy of a state with a materially greater interest whose law would otherwise apply.

What law usually governs rights in real property?

The law of the situs, meaning the location of the land, usually governs rights and interests in real property.

What law generally determines marriage validity?

A marriage valid where celebrated is generally valid everywhere unless it violates a strong public policy of the forum.

When must sister-state judgments be recognized?

A sister-state judgment that is valid, final, and on the merits is generally entitled to full faith and credit.

What law governs a corporation's internal affairs?

The law of the state of incorporation generally governs a corporation's internal affairs, including director duties and shareholder rights.

What law governs succession to personal property?

Succession to personal property at death is generally governed by the law of the decedent's domicile at death.

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Conflict of Laws | MEE Subject | Critical Pass Flashcards

Critical Pass

Conflict of Laws | MEE Subject | Critical Pass Flashcards

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Study 100 Conflict of Laws MEE flashcards covering domicile, Erie, choice-of-law rules for torts, contracts, property, family law, recognition of judgments, business entities, and estates.

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Conflict of Laws | MEE Subject | Critical Pass Flashcards

100 high-yield Conflict of Laws flashcards designed for MEE review. Study domicile, Erie, tort and contract choice-of-law rules, property, family law, recognition of judgments, internal affairs, and succession in one clean study section.

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Conflict of Laws | MEE Subject | Critical Pass Flashcards

Conflict of Laws | MEE Subject | Critical Pass Flashcards

All 100 Conflict of Laws Cards — Quick Reference

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