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Conflict of Laws - MEE Questions and Correct Answers (elaborations) with 100% Accurate , Verified , Latest fully Updated , 2024/2025 ,Already Passed , Graded A+, Complete solutions guarantee distinctions Rationales

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Conflict of Laws - MEE Questions and Correct Answers (elaborations) with 100% Accurate , Verified , Latest fully Updated , 2024/2025 ,Already Passed , Graded A+, Complete solutions guarantee distinctions Rationales

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  • August 3, 2024
  • 8
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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Conflict of Laws - MEE
1st restatement vesting rule for torts - ✔✔Governing law is law where injury occurred

1st restatement vesting rules for contracts - ✔✔1. Formation: apply law of place
where contract was executed
-Capacity
-Contract formalities
-Consideration

2. Performance: apply law of place where contract was to be performed
-Time, manner, place of performance
-Excuses for nonperformance

2nd restatement considerations for contract cases - ✔✔FACTS
-Place of contracting
-Place of negotiation
-Place of performance
100%
-Where the parties are at home

POLICY
-Policy of forum state
-Policy of other connected states
-Reasonable expectations of the parties

2nd restatement considerations for torts cases - ✔✔FACTS
-Place of injury
-Place of conduct causing injury
-Place where the parties are at home
-Place where the relationship, if any, is centered

POLICY
-Relevant policies of the forum state
-Relevant policies of other connected states

, Analysis for foreign country - ✔✔Is the foreign judgment entitled to comity

Analysis for sister states - ✔✔1. Are the requirements of full faith and credit satisfied?
2. Are there any valid defenses?

Borrowing statutes - ✔✔Apply whichever statute of limitations is shorter

Change in domicile - ✔✔Keep old domicile until new one perfected

choice of law approaches - ✔✔1. Vested rights/1st restatement
2. Interest analysis
3. Most significant relationship/2nd restatement

Constitutional restriction on choice of law - ✔✔Only unconstitutional if no significant
contact or no legitimate interest

Defenses to choice of law - ✔✔1. Against forum court's own fundamental public policy
100%
2. Forum court will apply its own procedural issues

Describe choice of law (para 1) - ✔✔The issue presented is which state's law will
govern the outcome of this litigation. The governing law will be selected by the forum
court using the ______ approach

Domicile - ✔✔-States tend to explain their interest based on if one party is domiciled
in their state

Domicile by choice - ✔✔Physical presence and intent to remain indefinitely or
permanently

Domicile by operation of law - ✔✔CHILDREN
-Newborns get domicile of parents
-Domicile of custodial parents on divorce

MENTAL INCOMPENTENTS
-Assigned domicile of parents

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