Conflicts Outline
See if there is an outline available on the internet as well
– – study with case notes
Introduction
· What are Conflicts:
o A situation where
§ 2 or more legal jurisdictions have an interest in the case,
§ where two or more sovereigns could decide,
§ Or where there could be two or more different rules or laws.
· Policies of Conflict law
o Conflict law is based around several policies, among them are:
§ Uniformity
§ Predictability
§ DISCOURAGES FORUM SHOPPING (big one)
§ Judicial efficiency and speed
§ Fairness to parties
§ Ensure justice is done
§ Carry out policy of the forum
§ Honor rights of foreign jurisdictions
§ Easy rule to apply
§ Applying the better rule of law
§ APPLYING THE MORE MODERN RULE
§ Etc
· Settling conflicts
o There is no uniform method for solving conflict issues. Each state has its own policy and rule of law. There are a number of different approaches – – the following outline will express a number of these approaches including:
§ 1st restatement – Traditional Approach
§ Government Interest
§ 2nd restatement
§ And others
First Restatement- – Traditional Approach to Conflicts
· Introduction
o This is essentially all the old classical teachings of conflicts – taken down by Oliver Wendell Holmes
o Which Forum’s law applies is determined by the nature of the case.
· 1st Restatement in TORTS
o Rule – – Lex Loci Delecti:
§ “IN TORTS whether an injury occurred and, subsequently, gives rise to a cause of action must be determined by the laws of the state where the injury occurred – the last act necessary for a tort to occur (aka the injury)
§ Exceptions (I don’t think I need to know these):
· 1) if law of place of wrong depends upon the application of a standard of care – standard of care will be determined by place of actor’s conduct.
· 2) a person required, forbidden, or privileged to act under the law of the place of acting should not be held liable for consequences in another state
· 3) if harmed by poison – place where you feel affects of poison is the law which will apply . . . not the place of death or the place where you ingested poison.
o Rationale and Policy behind such Rule
§ Policy: Each state has legislative jurisdiction (authority) to determine the legal effect of acts done or events caused within its territory.
§ 1) Discourages Forum Shopping
§ 2) Predictability
§ 3) Encourages Uniformity in the Law
§ 4) Easy Rule to Apply
o Problems:
§ Corporations and residents traveling between states will need to be aware of the laws of each forum they pass through.
§ The law of the place of injury may have no bearing on any parties (2 NY residents get into an accident in Montana – Montana law applies even though NY has the greatest interest).
§ This approach often goes against the expectations of ordinary people – – we live our life believing 1 law applies to us (our state) not potentially 50 different laws.
o Case Example
§ Alabama Southern RR v. Carrol
· P = citizen of Alabama, D = Alabama RR Corp, P injured while working on D’s train in Mississippi as it passed through state. Mississippi’s ancient law protecting employer’s from tort suits shall apply rather than Alabama’s modern negligent law which would have allowed P to sue. 1st restatement says place of injury shall be the law you apply. Alabama applied Mississippi law and dismissed p’s claim even though he would have had a claim had the law occurred entirely within Alabama.
· 1st Restatement in CONTRACT disputes
o Validity of Contract
§ This involves issues over:
· 1) capacity to make a k
· 2) the necessary form which the promise must be made
· 3) the mutual assent or consideration, if any requied to make binding
· 4) any other promises to make binding
· 5) fraud, illegality, or circumstances which make void or voidable
· 6) the nature and extent of performance
· 7) the time and place where promise is to be performed
· 8)the absolute or conditional character of the promise
§ Rule – Lex Loci
· the validity of a contract is to be determined by the law of the state in which it is F
f real property not place of will construction. State where property is located may determine capacity, intent, validity of will, etc when their property is involved.
o Significance – when constructing a will – know the law of every state you have property in.
o Personal/Movable Property
§ Rule
· Apply the law of the forum of the domicile
· 1st Restatement and issues of Death and Succession
o When does this apply?
§ In cases when there are disputes over succession – – example: a person dies without a will – what laws of intestacy will govern?
o Rule
§ THE LAW OF THE STATE IN WHICH THE DECEDANT WAS DOMICILED AT THE TIME OF DEATH CONTROLS THE RULES OF SUCCESSION AND DISTRIBUTION OF HIS PERSONAL ESTATE
· Domicile = residence acquired as a final abode. Must be
o 1) residence, physical presence
o 2)intention (intent to stay)
· An Individual may only have one domicile (unlike corporation)
· There is no minimum or maximum length of time for domicile – – only need to meet requirements above
o Rationale:
§ A man may live in many states during life – but it is desirable that a single law apply to his interests.
· METHODS OF GETTING AROUND THE FIRST RESTATEMENT
o Even though the 1st restatement has rigid rules – there are still several ways to apply the law which you desire – – they are as follows:
o Characterization
§ What is it?
· a process by which the courts determine that while the law may appear to be one issue (such as torts) it is in fact another (such as a contract)
o you characterize the case differently
· as a result – court may end up applying a different state’s law than expected.
§ Example:
