Term
| Which state's law applies in tort cases? |
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Definition
| The law of the place where the wrong was committed (place where the last event necessary to make the defendant liable took place) |
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Term
| What are the requirements to enforce a choice of law provision in a contract? |
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Definition
1. Not against public policy
2. Reasonable relation to the state chosen
3. No unconscionability, fraud, mistake, or lack of true consent |
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Term
| Which state's law applies in K cases where there is no choice of law provision? |
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Definition
1. Location where the contract was formed governs issues regarding the validity of the K, defenses to formation, and interpretation
2. Law of the place where the K was to be performed governs the details of performance |
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Term
| Which state's law applies in property cases? |
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Definition
1. Real - location of the property
2. Tangible personal under the UCC - stipulation of the parties usually
3. Security interests with collateral - state where the debtor is located
4. Non UCC transactions - location of the tangible property at the time of the transaction at issue
5. Intangible and non-UCC - place where the intangible was created |
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Term
| Which state's law applies in inheritance cases? |
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Definition
1. Personal property - law of the deceased's domicile
2. Real property - law of the site of the property |
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Term
| Which state's law applies in corporations cases? |
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Definition
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Term
| Which state's law governs divorce issues? |
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Definition
1. Generally the state of the plaintiff's domicile
2. Real property may be controlled by the law of the state in which it is located |
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Term
| When can a state apply its own Workers' Compensation Act? |
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Definition
1. When the employment relationship was created there
2. If the injury happened there
3. If the employment principally occurred there
4. If the employee or his dependents reside there
Note: Employment agreements may contain choice-of-law provisions, which are generally valid |
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Term
| What are some examples of issues that are considered procedural (and thus governed by the law of the forum state)? |
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Definition
1. Most pre-trial procedure (sufficiency of pleadings, venue, proper form of an action, rules of discovery, right to a jury, service of process, burden of proof, etc.)
2. Evidence and privileges (except the parol evidence rule)
3. SOLs (with some exceptions)
4. SOF questions |
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