CONFLICT OF LAWS

PROFESSOR SAM JORDAN

Copyright 2016 by BARBRI, Inc.

CONFLICT OF LAWS
OUTLINE AND HYPOTHETICALS
Professor Sam Jordan
Saint Louis University School of Law

INTRODUCTORY POINTS
Look for Conflicts issues when the facts include ________________________________.
Look for Conflicts issues to be combined with other subjects, especially family law, federal
procedure, or torts.
There are two important but distinct testing areas for Conflicts:
1. _______________________________________
2. _______________________________________
We will also discuss Domicile, a legal concept that has applications in Conflicts.

Copyright
2016, BARBRI, Inc.

2. CONFLICT OF LAWS

TESTING AREA ONE:

RECOGNITION OF JUDGMENTS

THE BASICS
A recognition of judgments question may arise when two conditions are satisfied:
1. A judgment has been ______________________________________________.
2. A party is seeking to have that judgment ______________________________
_____________________________________.

Terminology Tip: You should refer to the place where the judgment was originally
entered as the _________________________________, and the place where
recognition is being sought as the __________________________________.

Core Question: Will the recognizing court recognize the judgment issued by the
rendering court?
Why might a party seek recognition of an existing judgment?

1. _______________ will most often seek recognition in order access enforcement

mechanisms in the rendering state.
Example: Cindy sues Derek in an Ohio court. Derek fails to respond, and the
court enters a default judgment in the amount of $75,000. Derek lives in
Springfield, Illinois, and has no assets in Ohio. Cindy may seek to have the
Ohio judgment recognized and enforced by an Illinois court so that she can
reach Dereks assets.
2. ________________ will most often seek recognition to prevent a plaintiff from
relitigating a claim or an issue.
Example: Cindy sues Derek in an Ohio court. After two years of litigation, a
jury returns a verdict in Dereks favor. The next week, Cindy files an identical
complaint against Derek in an Illinois court. Derek may seek to have the Ohio
judgment recognized by an Illinois court so that he can bar Cindy from
relitigating the same claim.

CONFLICT OF LAWS 3.

ANALYSIS OVERVIEW
I. Is the rendering
endering jurisdiction a si
sister state or a foreign
g country?

II.A
If sister state:
1. Are the requirements of full faith and credit
satisfied?
2. Are there are any valid defenses?

II.B
II
If foreign country:

Recognition is required when the answer to

question #1 is _________ and the answer to

Is the foreign judgment entitled to

comity?

question #2 is __________.

I. IS THE RENDERING JURISDICTION A SISTER STATE OR A FOREIGN COUNTRY?

 There is no analysis here! It will simply be provided to you in the facts.

 On the bar exam, the answer here will almost always be _______________________.

II.A SISTER STATE JUDGMENTS

If the rendering court is a court in a sister state, then the source of the obligation to recognize the
judgment is ________________________________________________.

Full faith and credit principles also apply to the recognition of judgments between
__________________________________________________________.

4. CONFLICT OF LAWS

STEP 1: ARE THE REQUIREMENTS OF FULL FAITH AND CREDIT SATISFIED?

Requirement #1: Jurisdiction.
Rule: The rendering state must have had jurisdiction over the _____________
and the ________________________.
Hypothetical: Cindy sues Derek in state court in Ohio, even though Derek has
never been to Ohio and even though all of the facts relating to the claim asserted
took place in Illinois. Derek fails to respond, and the court enters a default
judgment. Cindy then sues in Illinois and seeks recognition and enforcement of
the Ohio judgment. May Derek resist recognition on the grounds that the Ohio
court lacked personal jurisdiction?
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

Exception: When the issue of jurisdiction has been ______________________

___________________________, then the jurisdictional determination is itself
entitled to full faith and credit.
Hypothetical: Cindy sues Derek in state court in Ohio. Derek has never been to
Ohio, but did send emails to Cindy in Ohio that form part of the basis for the
lawsuit. Derek appears in the Ohio court and files a motion to dismiss for lack of
personal jurisdiction, but his motion is denied by the court. The case proceeds
and eventually a jury finds in Cindys favor. Cindy then files an action in Illinois
court and seeks to have the Ohio judgment recognized and enforced. May Derek
resist recognition on the grounds that the Ohio court lacked personal
jurisdiction?
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

CONFLICT OF LAWS 5.
Requirement #2: Merits.
Rule: The judgment entered by the rendering state must have been on the merits.
Hypothetical: Roger sues Jesse in state court in Nevada. The court dismisses the
action after finding that the statute of limitations had run. Roger then files a
similar complaint against Jesse in a Missouri state court. Can Jesse seek
recognition of the Nevada judgment to bar Rogers claim in Missouri?
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

Other examples of judgments not on the merits include dismissals based on:
1.

____________________________________

2.

____________________________________

3.

____________________________________

4.

____________________________________

But be careful
Hypothetical: Roger sues Jesse in state court in Nevada based on a car accident
in Las Vegas. Jesse fails to appear and the court enters a default judgment.
Roger now sues in Jesses home state of Missouri and seeks recognition and
enforcement of the Nevada judgment. Does Jesse have an argument to resist
recognition?
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

_________________ judgments entered after ____________________ are also

considered on the merits for purposes of recognition.

6. CONFLICT OF LAWS
Requirement #3: Finality.
Rule: The judgment entered by the rendering court must be a final judgment.

Most common application here is a judgment on appeal in the rendering

jurisdiction, which is ______________________________.

Tricky hypothetical: Laura sues George for divorce in Pennsylvania, and the
court there enters a divorce decree that includes $1,000 in modifiable alimony
payments. George then moves to California, and Laura files a suit there and
seeks to have the Pennsylvania decree recognized and enforced. What result?
The Pennsylvania decree is final as to _________________________________
but not final as to _______________________________________.

Applicable Law: These three requirements are evaluated using the law of the
________________________ state.
Example: Roger obtains a default judgment against Jesse in a Nevada state
court. He then attempts to enforce the judgment in Missouri. Personal
jurisdiction is supported by Nevadas long-arm statute, but not by Missouris
long-arm statute. Can Jesse resist enforcement of the Nevada judgment using
requirement #1? No, because jurisdiction was proper according to the law of the
rendering state.
STEP 2: ARE THERE ANY VALID DEFENSES TO FULL FAITH AND CREDIT?
VALID DEFENSES
Valid defense #1: Penal judgments
Rule: A penal judgment is not entitled to full faith and credit.
Definition: A penal judgment is one that _______________________________
__________________________________________.
Application: In practice, this means that the plaintiff in the suit that led to the
judgment was _______________________.

CONFLICT OF LAWS 7.
Tricky hypothetical: Roger sues Jesse in state court in Nevada. After a lengthy
trial, the jury awarded Roger $50,000 in compensatory damages and $250,000 in
punitive damages. Roger then files a suit seeking recognition and enforcement in
Jesses home state of Missouri. What result?
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

Valid defense #2: Extrinsic fraud

Rule: A judgment obtained by extrinsic fraud is not entitled to full faith and
credit.
Definition: Extrinsic fraud is fraud that could not be corrected ______________
________________________________________________________________.

ATTRACTIVE BUT INVALID DEFENSES

These are actually tested much more frequently on the bar exam.
Attractive but invalid defense #1: Public policy.
Hypothetical: Roger sues Jesse in state court in Nevada after Jesse fails to pay
on a gambling contract. After a trial, the Nevada court enters a judgment for
Roger. Roger then seeks recognition and enforcement of the judgment in Jesses
home state of Missouri. Under Missouri law, gambling contracts are
unenforceable. Can Jesse resist enforcement of the Nevada judgment?
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

8. CONFLICT OF LAWS
Attractive but invalid defense #2: Mistakes.
Hypothetical: Roger sues Jesse in Nevada after Jesse fails to pay on a gambling
contract. The Nevada court decides to apply Missouri law, and enters a judgment
for Roger even though Missouri considers gambling contracts unenforceable.
Roger then seeks recognition and enforcement of the judgment in Jesses home
state of Missouri. Can Jesse resist enforcement of the Nevada judgment?
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Rationale: If mistakes were made, they should have been challenged through an
__________________ in the _____________________ state.

II.B FOREIGN JUDGMENTS

If the rendering court is a court in a foreign country, then the source of the obligation to
recognize the judgment is _______________________ or _______________________.
Rule: Under principles of comity, a recognizing court will exercise discretion to decide whether
the foreign judgment should be recognized.
Many of the same principles as full faith and credit will be considered to guide the courts
discretion (e.g., is the foreign judgment final? was the foreign judgment on the merits?). But
there are two additional questions that a recognizing court may ask here:
1. Did the foreign court have jurisdiction?
Example: Alice is sued in a Venezuelan court, even though she has never had any
contact with that country. She hires a lawyer to argue that the court lacks
jurisdiction, but the court rejects that argument and enters a judgment against
her. Despite the fact that jurisdiction has already been litigated, an American
court may decline to recognize the Venezuelan judgment.
2. Were the procedures in the foreign court fair?
Example: Edgar is sued in an Iranian court based on some contract work he
performed there. He returns to Iran to defend the claim, but is not permitted to
call witnesses or challenge the admissibility of the plaintiffs evidence. An
American court may conclude that the foreign judgment was tainted by sham
procedures and is therefore not entitled to recognition.

CONFLICT OF LAWS 9.

TESTING AREA TWO:

CHOICE OF LAW

THE BASICS
A choice of law question may arise when two conditions are satisfied:
1. The lawsuit involves factual connections with __________________________________.
2. The multiple states will have different _________ leading to different _______________.
Core Question: Which states law will govern?
Core Answer: The governing law is the law selected by the _______________ court according
to its ____________________________________________ (assuming no applicable
constitutional or statutory restrictions).
Exceptions:
1. Diversity cases in federal court.
Rule: A federal court sitting in diversity applies the choice of law approach of the
_____________________________________________________.
2. Transferred diversity cases.
Rule: When a diversity case is transferred within the federal system, the federal
court applies the choice of law approach of the ___________________________.
Restrictions that occasionally limit the forum courts choice of law:
1. Constitutional: Due Process and Full Faith and Credit
Rule: The constitution imposes a limit only if a states law is chosen that has no
significant contact with and/or legitimate interest in the litigation.
2. Statutory
Rule: If the forum state has a statute that directs a choice of law, then the forum court
should apply that statute instead of the usual choice of law approach.
Example: Borrowing statute.

10. CONFLICT OF LAWS

STRUCTURE OF A CHOICE OF LAW ANSWER

PARAGRAPH 1: _______________________________________
The issue presented is which states law will govern the outcome of this litigation. The
governing law will be selected by the forum court using the (fill in applicable choice of
law approach).
This is the I understand choice of law paragraph, and it is always _________________.
PARAGRAPH 2: ________________________________________
Here, you will plug in a stock paragraph depending on which of the three tested
approaches is being applied.
Approach #1: Vested Rights (First Restatement)
Approach #2: Interest Analysis
Approach #3: Most Significant Relationship (Second Restatement)
PARAGRAPH 3: ________________________________________
Here, you will consider the facts presented, apply the approach, and provide a conclusion.
(Important: This conclusion should include both the _____________________________
and the ________________________.)

APPROACH #1: VESTED RIGHTS (FIRST RESTATEMENT)

Stock Language for Paragraph 2
Under this approach the court will apply the law of that state mandated by the
______________________________________________________. That rule is selected
according to the relevant __________________________________________.

CONFLICT OF LAWS 11.

Structure of Paragraph 3
Sentence #1: Categorize the ________________________________________.
Sentence #2: State the __________________________.
Sentence #3: Apply the vesting rule to determine __________________________.
Sentence #4: Apply the governing law to determine __________________.
Sample Paragraph 3
This is a torts case. Therefore, the applicable vesting rule is the place of injury. Here,
the injury occurred in Michigan and thus Michigan law applies. Under Michigan law, a
non-paying passenger cannot recover against the driver, and so the claim is barred.

APPROACH #2: INTEREST ANALYSIS

Stock Language for Paragraph 2
Under this approach the court will consider which states have a ___________________
interest in the outcome of the litigation. The forum court will apply its own law as long
as it has a _________________ interest. If the forum state has no _________________
interest, it will apply the law of another interested state.
Structure of Paragraph 3
Step 1: Discuss which states have legitimate interests.
Step 2: Characterize the _____________________________.
False conflict: Only one state has a legitimate interest.
True conflict: Two (or more) states have a legitimate interest.
Step 3: Choose ________________________ based on type of conflict.
False conflict: Apply the law of the interested state.
True conflict: If the forum is interested, apply forum law.
Step 4: Apply the governing law to determine _________________.

12. CONFLICT OF LAWS

Sample Paragraph 3
In this case, only Illinois has a legitimate interest. It is interested in permitting recovery
to compensate its injured resident (the plaintiff). Michigan is not interested in applying
its restriction against recovery simply because the accident occurred there. Rather, it
would be interested in applying its restriction only if the defendant were a Michigan
resident. But the defendant in this case is from Illinois, so Michigan is not interested.
This case is therefore a false conflict, and Illinois law should apply. Under Illinois law,
the plaintiff may recover.
APPROACH #3: MOST SIGNIFICANT RELATIONSHIP (SECOND RESTATEMENT)
Stock Language for Paragraph 2
Under this approach the court will apply the law of the state which is most significantly
related to the outcome of the litigation. To determine this, the court will consider
________________________________ and __________________________________.
Structure of Paragraph 3
Step 1: Discuss connecting _______________.
Step 2: Discuss ________________ principles.
Step 3: Choose _____________________ based on most significant relationship.
Step 4: Apply the governing law to determine ________________.
Sample Paragraph 3
In this case, the factual connections are split. The accident occurred in Michigan, and
the injury was sustained there. But both the plaintiff and the defendant are from Illinois.
As a matter of policy, Illinois seems to have the greater interest because the law at issue
is a loss distribution rule and both parties share an Illinois domicile. As a result, Illinois
appears to have the most significant relationship to the dispute and its law should apply.
Under Illinois law, the plaintiff may recover.

CONFLICT OF LAWS 13.

APPLICATIONS TO SPECIFIC SUBSTANTIVE AREAS

Introductory Note #1: These specific areas will cover vesting rules under the First
Restatement approach and connecting facts/policy principles under the Second
Restatement approach. Interest analysis, however, is not sensitive to the substantive
area at issue.
Introductory Note #2: Under the First Restatement, the same vesting rule is generally
applied to the entire claim. Under the Second Restatement and interest analysis,
however, each issue may be analyzed separately.
SUBSTANTIVE AREA #1: TORTS
First Restatement Vesting Rule:

Governing law is the law where the

___________________ occurred.

Second Restatement Considerations:

Factual Connections: 1. Place of _____________________.
2. Place of ______________________.
3. Place where the parties are ____________________________.
4. Place where the relationship, if any, is ___________________.

Policy Principles:

1. Relevant policies of the __________________.

2. Relevant policies of __________________________________.

For all three approaches, the governing law will almost always be the law of the place of injury.
But exceptions arise occasionally, particularly under the two modern approaches (interest
analysis and most significant relationship). These exceptions typically kick in when two
conditions are present:
Condition #1: The rule at issue is a ______________________________________ rule.
Examples include:

________________________________________
________________________________________
________________________________________

Condition #2: The parties in the case share a __________________________________.

14. CONFLICT OF LAWS

Torts Hypothetical with Model Answers
Martha and Joe are a married couple who live in Illinois. While on a vacation in Las
Vegas, they are involved in a one-car accident. Martha is injured. When they return
home from the vacation, Martha files a suit against Joe in an Illinois court. Nevada
permits intra-family negligence suits, but Illinois does not.
Vested Rights

Interest Analysis

Most Significant
Relationship

The issue presented is which

states law will govern the
outcome of this litigation.
The governing law will be
selected by the forum court
using the vested rights
approach.

The issue presented is which

states law will govern the
outcome of this litigation.
The governing law will be
selected by the forum court
using the interest analysis
approach.

The issue presented is which

states law will govern the
outcome of this litigation.
The governing law will be
selected by the forum court
using the most significant
relationship approach.

Under the vested rights

approach, the court will apply
the law of that state mandated
by the applicable vesting rule.
That rule is selected according
to the relevant substantive
area of law.

Under this approach the court

will consider which states
have a legitimate interest in
the outcome of the litigation.
The forum court will apply its
own law as long as it has a
legitimate interest. If the
forum state has no legitimate
interest, it will apply the law
of another interested state.

Under this approach the court

will apply the law of the state
which is most significantly
related to the outcome of the
litigation. To determine this,
the court will consider
connecting facts and policy
principles.

This is a torts case. The

vesting rule for torts cases
applies the law of the place of
injury. Here, the injury
occurred in Nevada and thus
Nevada law applies. Under
Nevada law, spouses can sue
one another for negligence
and Marthas suit is therefore
not barred.

In this case, only Illinois has a

legitimate interest. Illinois
certainly does because the
issue involves the distribution
of losses and both parties are
from that state. Nevada has
no legitimate interest in how
the losses from the accident
are distributed between two
Illinois domiciliaries.
Therefore, the case is a false
conflict and the Illinois court
will apply its own law. Under
Illinois law, Martha cannot
recover because her claim is
barred.

In this case, the factual

connections are split. The
injury and the conduct leading
to the injury occurred in
Nevada, but the parties are
both Illinois domiciliaries and
their relationship is centered
there. The policy
considerations favor Illinois
because the relevant issue
involves the distribution of
losses and both parties share a
common domicile. Therefore,
Illinois has the most
significant relationship and its
law will govern. Under
Illinois law, Martha cannot
recover because her claim is
barred.

CONFLICT OF LAWS 15.

SUBSTANTIVE AREA #2: CONTRACTS

I. Choice of Law Provisions

Rule: A choice of law provision will be enforced if it is ___________________ and
____________________.
Impact:

If the choice of law provision is enforced, the provision displaces the

choice of law analysis that the court would otherwise perform.
Conversely, if the choice of law provision is rejected, the court should
then conduct a choice of law analysis.
If in doubt on the bar exam, find the provision ___________________.

Applications: Two reasons to find a choice of law provision invalid tend to be tested:
1.

The law selected has __________________________________________

______________________ to the contract.
Hypothetical: Cheryl (from Ohio) and John (from Indiana) enter into a
contract to add an extension to Cheryls home in Ohio. The contract
expressly specifies Pennsylvania law in its choice of law provision. Will
the court enforce the provision?
___________________________________________________________
___________________________________________________________

2.

The provision was included without ______________________________.

Hypothetical: Cheryl (from Ohio) and John (from Indiana) enter into a
contract to add an extension to Cheryls home in Ohio. After John
materially misrepresents Indiana law, Cheryl agrees to a choice of law
provision that expressly specifies Indiana law. Will the court enforce the
provision?
___________________________________________________________

___________________________________________________________

16. CONFLICT OF LAWS

II. Choice of Law Analysis
First Restatement Vesting Rules
Rule #1: If the case is about formation, apply the law of the place of _______________.
Examples of formation issues:
1. ___________________________________________
2. ___________________________________________
3. ___________________________________________
Rule #2: If the case is about performance, apply the law of the place of
_____________________________.
Examples of performance issues:
1. ___________________________________________
2. ___________________________________________
Second Restatement Considerations
Factual Connections: 1. Place of ______________________________.
2. Place of ______________________________.
3. Place of ______________________________.
4. Place where the parties are _________________________.

Policy Principles:

1. Relevant policies of the __________________.

2. Relevant policies of _________________________________.
3. Reasonable _____________________ of the parties.

Contracts Hypothetical with Model Answers

Simon, an Illinois resident, went to Minnesota and entered into a contract there with
Louise, a Minnesota resident. Simon was supposed to perform in Minnesota, but instead
went back to Illinois and did nothing. Louise files suit in Illinois. Simon now seeks to
void the contract because he is considered a minor in Illinois and Illinois law does not
recognize the capacity of minors to enter into contracts. Under Minnesota law, minors
receive no such protection and the contract would be deemed valid and enforceable.

CONFLICT OF LAWS 17.

Vested Rights

Interest Analysis

Most Significant Relationship

The issue presented is

which states law will
govern the outcome of this
litigation. The governing
law will be selected by the
forum court using the
vested rights approach.

The issue presented is which

states law will govern the
outcome of this litigation.
The governing law will be
selected by the forum court
using the interest analysis
approach.

The issue presented is which

states law will govern the
outcome of this litigation. The
governing law will be selected by
the forum court using the most
significant relationship approach.

Under the vested rights

approach, the court will
apply the law of that state
mandated by the applicable
vesting rule. That rule is
selected according to the
relevant substantive area of
law.

Under this approach the court

will consider which states
have a legitimate interest in
the outcome of the litigation.
The forum court will apply
its own law as long as it has a
legitimate interest. If the
forum state has no legitimate
interest, it will apply the law
of another interested state.

Under this approach the court

will apply the law of the state
which is most significantly
related to the outcome of the
litigation. To determine this, the
court will consider connecting
facts and policy principles.

This is a contracts case

involving a question about
validity or formation. The
applicable vesting rule is
that the law of the place of
execution governs. Here,
the contract was executed in
Minnesota. Under
Minnesota law, contracts
are enforceable and there is
no defense available for the
incapacity or minors.
Therefore, Louise may
recover.

In this case, both Illinois and

Minnesota appear to have a
legitimate interest.
Minnesota has an interest
because it promotes freedom
of contract and wants to
enforce contracts entered into
there. But Illinois is also
interested because its law
seeks to protect minors, and
the defendant here is an
Illinois minor. Therefore, the
case is a true conflict. Since
Illinois has a legitimate
interest, it will apply its own
law. Under Illinois law, the
contract is voidable and
Louise may not recover.

In this case, the factual

connections slightly favor
Minnesota. The contract was
entered into there, performance
was contemplated there, and one
of the parties to the contract was
from there. Illinoiss only factual
connection to the dispute is that
the other party is an Illinois
resident. The policy
considerations are split. Illinois
would like to protect its resident,
but Minnesota would like to
provide recovery to promote
freedom of contract and to
protect the reasonable
expectations of its resident.
Minnesota has the most
significant relationship and its
law will govern. Under
Minnesota law, contracts are
enforceable and Louise may
recover.

18. CONFLICT OF LAWS

SUBSTANTIVE AREA #3: PROPERTY
Property is one area where all approaches essentially continue to apply the same rules.
Immovable (Real) Property
Rule: Apply the law of the ____________________.
Movable (Personal) Property
Rule #1: If the case involves an inter vivos transaction, apply the law of the
______________ at _______________________________________.
Rule #2: If the case involves a matter relating to inheritance, apply the law
of the __________________________________________ at
_______________________________________.
Hypotheticals
1.

Edna Merman lived in Arizona. She signed a will conveying her farm in Illinois
to a church (also in Illinois). Later, she destroyed the will in a manner that would
be considered valid in Arizona but not in Illinois. Will the farm go to the church?
_________________________________________________________________
_________________________________________________________________

2. Same result or different if the property at issue was a car (located in Illinois)?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
3. Same result or different if the issue was the validity of a transfer of ownership of
the car to the church made while Edna is still alive. (Still assume that the
transfer would be valid in Arizona but not Illinois.)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

CONFLICT OF LAWS 19.

SUBSTANTIVE AREA #4: FAMILY LAW
Marriage
Rule:

If a marriage is valid where _____________________, it will be recognized as

valid ________________________.

Exception: When domiciliaries of one state _______________________ relocate to

another state to perform a marriage that violates a ___________________
_________________ in their home state, the state of domicile will not
recognize the marriage.
Definition: A prohibitory rule is a rule that expresses a strong public policy regarding
marriage (as opposed to _____________________ rules, which are
administrative in nature).
Hypothetical: Susan and Andrew live in Vermont. They would like to get married
but cannot do so in Vermont due to a state law that does not permit second
cousins to marry. One weekend, they travel to Massachusetts and get married
there. They then return to Vermont. Will Vermont recognize the marriage?
__________________________________________________________________
__________________________________________________________________
Divorce
Rule: The forum will apply its own divorce laws.
Rationale: To acquire jurisdiction, at least one of the parties must be domiciled in the
state. Therefore the state has an interest in applying its own law.
Legitimacy
Rule #1: Legitimacy of a child is governed by the law of the _____________________
domicile at the time of the childs birth.
Rule #2: The validity of subsequent acts of legitimation are governed by the law of the
_________________ domicile.

20. CONFLICT OF LAWS

DEFENSES TO CHOICE OF LAW

Defense #1: Public Policy

Rule: A forum court will not apply a law that is against its own ____________________
public policy.
This rule appears in both Restatements, but as a practical matter it is most applicable to the
__________________ Restatement.
Caveat: As a reminder, this rule applies does not apply to recognition of judgments!
Defense #2: Procedural Rules
Rule: Regardless of the outcome of the choice of law analysis, the forum court will
always apply __________________ procedural rules.
Most Frequently Tested Issue: Statutes of Limitations
General Rule: Statutes of limitations have historically been viewed as
_________________________.
Exception #1: Borrowing Statutes
Borrowing statutes direct a court to look at both the forum limitations period and
the foreign limitations period (in cases where foreign law governs under a normal
choice of law analysis) and then to apply the ______________________ period.
Hypothetical: Shawna sues Denny in Illinois based on an automobile accident in
Montana. Montana has a one-year statute of limitations. Illinois has a two-year
statute of limitations, and a borrowing statute. If Shawna sues 18 months after
the accident, what result?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

CONFLICT OF LAWS 21.

Exception #2: Limitations that Condition a Substantive Right
If the normal choice of law analysis leads to the application of a foreign
statute that creates a substantive right, then apply the ________________
_________________________.
Hypothetical: Shawna files a wrongful death action against Denny in
Illinois based on an automobile accident in Montana. After conducting a
choice of law analysis, the Illinois court decides to apply Montana law.
Montanas wrongful death statute includes a one-year statute of
limitations. Illinois has a two-year statute of limitations. If Shawna sues
18 months after the accident, what result?
________________________________________________________________
________________________________________________________________
________________________________________________________________

DOMICILE

Context: Domicile" will never be a question on its own. Instead, it is an issue in a broader
analysis. In other words, something else in your answer may depend on a domicile
determination.
Example: Rhonda and Amy enter into a contract in North Carolina, and then Amy
moves to Illinois. Shortly thereafter, Rhonda sues Amy in an Illinois court. The Illinois
court determines that it has an interest (and will therefore apply its own law) if Amy is
an Illinois domiciliary.
DOMICILE BY CHOICE

Rule: An individual with _______________________________________ acquires a domicile

when two conditions are satisfied:
1. ______________________________________________
2. ______________________________________________

22. CONFLICT OF LAWS

Hypotheticals
1.

Randy was born in Los Angeles and lived there for 25 years. Last week he moved to
Chicago for a new job, rented an apartment, got a drivers license, and opened a bank
account.
Randys domicile is ________________________.
Even ______________ presence is sufficient if combined with clear intent.

2. Randy was born in Los Angeles and lived there for 25 years. A few months ago he moved to
Chicago, where he rented an apartment and opened a bank account. The reason that he
moved was to avoid child support and to evade criminal charges that he thought might be
filed against him.
Randys domicile is ________________________.
_________________ matters; ____________________ does not.
3. Erica lived in Chicago but got fed up with the long and frigid winters. She decided to move
to Miami, and so she sold her apartment and quit her job. As she was driving through
Kentucky she was hit by a drunk driver and killed.
Ericas domicile was _______________________.
You keep your old domicile until a new domicile is ____________________________.
DOMICILE BY OPERATION OF LAW
Rule: An individual who lacks domicile capacity is assigned one by law.
Category #1: Children
Rule #1: Newborns are assigned the domicile of their _______________________.
Rule #2: In case of divorce, children are assigned the domicile of their
_______________________________________.
Category #2: Mental Incompetents
Rule #1: An individual who in mentally incompetent is assigned the domicile of his/her
______________________.
Rule #2: If an individual becomes incompetent after acquiring a domicile by choice, he/
she _____________________ the chosen domicile.