Conflicts of Law Exam Questions with answers 20241. Choice of Law 1) involving more than one state, 2) court determines which state's legal rules control 2. Choice of Law (Approaches) Traditional Approach and the Mod- ern Approach 3. Traditional Ter

1. Choice of Law 1) involving more than one state, 2) court determines which state's legal rules control 2. Choice of Law (Approaches) Traditional Approach and the Mod- ern Approach 3. Traditional Territorial Approach (Cate- gories of Cases) 4. Traditional Territorial Approach (Torts Issues) 5. "Loci Delicto" (Traditional Territorial Approach (Torts Issues)) 6. Tradition Territorial Approach (Con- tracts Issues) 7. Tradition Territorial Approach (Proper- ty Issues) Torts cases, Contract cases, and Property cases Use the law of where the tort took place. Use the state where the IN- JURY occurred, because this pro- vides predictability and prevents fo- rum shopping. "law of the place where the tort oc- curred" 1) If the issue of the K is of interpre- tation, THEN look to the place that the K was made. 2) If the issues of the K is about performance of a contract; look to the place of performance 3) Generally, it will be the place of acceptance of the K, because that is where the K became binding to both parties 1) Personal Property (movables)- The domicile of the owner is what will govern 2) Real Property (immovable)- The law of the place of the situs (place where the property is) 8. Territorial Approach (Marriage Issues) The place of the celebration of the marriage, i.e. where did the 9. Territorial Approach (Corporation Is- sues) 10. How does a Court get out of applying a traditional rule? marriage take place and where was it celebrated; WHERE THE PROMISES WERE EXCHANGED 1) If the issue is what law will gov- ern, then apply the law of where the corporation was incorporate. (What Law governs? Place of Incorpora- tion) 2) But if the issue is of the corpo- rations conduct then apply the law of the place where the conduct oc- curred