What is the main conflict of laws question with respect to the MEE?
Conflict of laws questions ask about the difference of law between two or more jurisdictions and which law is properly applied in the given circumstances.
What is the Klaxon doctrine?
In diversity cases, federal courts apply the choice-of-law rules of the state in which the federal court sits.
What is the vested rights approach?
Under vested rights, federal courts apply specific vesting rules created by statute. Particular substantive areas of law, torts for example, will have a particular rule that chooses which law to apply in specific instances.
What is a false conflict case?
False conflict cases occur when (1) there exists no relevant difference between laws of 2 or more jurisdictions OR (2) the laws would result in the same outcome anyway.
What law is applied when a federal court transfers venue?
The law of the transferor jurisdiction is applied by the transferee jurisdiction.
What are the requirements for transfer of venue?
(1) Transfer is in the best interest of justice
(2) The new venue has valid subject matter jurisdiction
(3) The new venue has valid personal jurisdiction over (the defendant)
Significance and requirements of the full faith and credit clause?
States must recognize final judgments from other states provided that:
(1) the original court had valid jurisdiction over the case (both subject matter jurisdiction and personal jurisdiction)
(2) there was a final judgement on the merits.
What is government interest analysis?
When government interest analysis is applied, the court considers which states have a --legitimate-- interest in the outcome of the case.
A court applying this approach will apply its own law as long as it has a legitimate interest in the outcome.
If the state does not have a legitimate interest in the outcome, the court will apply the law of the state that does have a legitimate interest.
What is most significant relationship analysis?
The court will apply the law of the state that has the MOST substantial and significant interest in the result of the case.
What law is applied to cases involving immovable real property?
Law of the situs. I.e., the law of the state or jurisdiction in which the property is located.
What law is applied to cases involving inter vivos transfer movable property?
Courts look at where the property was located at the time of the transaction and apply the law of that jurisdiction (temporal law of the situs).
What law applies to movable property transferred by inheritence?
(DD)(DD) Apply the law of the jurisdiction where: Decedent's Domicile at Date of Death.
What is the validity rule for marriages?
A marriage that was valid in one state receives full faith and credit and must be recognized in all other U.S. jurisdictions.