Conflict of Laws Paper

In: Other Topics

Submitted By qwertyuiop12345
Words 5639
Pages 23
Traditional Approaches to Horizontal Choice of Law

(introduction/Class 1 = Keeton v Hustler)
Keeton v Hustler Discusses procedural v substantive inquiry Mentions 5 CoL considerations: predictability; relationships among the states; simplification; forum interests; sounder rule approach

I. What are we looking for in a CoL system? Examples
a. Predictability [for litigants]
b. Uniformity
c. Ease of application
d. Respect for state sovereignty (vested rights largely looks to this)
e. Respect for state policy
f. Justice for parties
g. Party expectations
h. Better law
II. Domicile
a. Def: includes mutual obligation between state and individual
b. State of domicile at death is controlling law
i. Standard: Mined + left behind →
1. Abandoned (physical travel to new domicile) + manifested intent to remain
2. Note: objective + subjective elements
c. Test established in White v Tennant (WV 1888)
i. Family farm extends over WV/PA borders; husband went to WV on same property to care for wife, planned on going back on the same day ii. H: PA law controls iii. Note: siblings still live in WV, may be favoring forum even though the court doesn’t seem to be….still is room to play
d. Test maintained in Maksym v Board of Election Comm’rs of City of Chicago (BB…Rahm Emanuel Case)
i. *Once a domicile is established, presumption that you retain it until you create a new domicile ii. Rejects interpretation of “actually lived” iii. Intent is unclear (including to Rahm)…may just be following opportunity iv. Maybe: domicile can be different for different purposes
III. Torts (territoriality)
a. First view (Story) = territoriality
i. Exclusive jurisdiction within events that happen within one’s own territory ii. Focus on voluntary nature→comity/cooperation
b. Next (Beale) = vested rights [same outcome]
i. Lex loci delicti: law of place where the…...

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