Bar Exam Conflict of Laws

Question 1

Under the First Restatement (vested rights) approach, which law governs a tort claim?

Accepted Answer

Law of the place where the injury occurred (lex loci delicti)

Answer

Law of the place of the defendant's conduct

Answer

Law of the state with the most significant relationship

Answer

Law of the forum state

Question 2

The Full Faith and Credit Clause of the U.S. Constitution primarily requires states to:

Accepted Answer

Recognize and enforce valid judgments from sister states

Answer

Apply another state's substantive law in all cases

Answer

Follow another state's choice-of-law rules

Answer

Apply federal common law to all interstate disputes

Question 3

For conflict of laws purposes, a person's domicile is established by:

Accepted Answer

Intent to remain permanently or indefinitely combined with physical presence

Answer

Physical presence alone for any period

Answer

Citizenship as recorded at birth

Answer

Residency in a state for at least six months

Question 4

Under the Second Restatement approach to conflict of laws in torts, courts apply the law of:

Accepted Answer

The state with the most significant relationship to the parties and occurrence

Answer

The state where the plaintiff is domiciled

Answer

The forum state in all cases

Answer

The state where the defendant's negligent act occurred

Question 5

Under Brainerd Currie's governmental interest analysis, a 'true conflict' arises when:

Accepted Answer

Both states have a legitimate interest in applying their own law to the dispute

Answer

Neither state has a policy interest in the outcome

Answer

Only the plaintiff's domicile state has a cognizable interest

Answer

Only the defendant's conduct state has a cognizable interest

Question 6

The renvoi doctrine in conflict of laws refers to:

Accepted Answer

A court applying the whole law of the foreign state, including its choice-of-law rules

Answer

A court always applying its own substantive law to all disputes

Answer

The public policy exception that allows courts to ignore foreign law

Answer

A treaty-based mechanism for resolving international choice-of-law problems

Question 7

A state court generally CANNOT refuse to enforce a valid sister-state judgment on the ground that:

Accepted Answer

The underlying cause of action would not be recognized in the forum state

Answer

The rendering court lacked personal jurisdiction over the defendant

Answer

The judgment was obtained by extrinsic fraud

Answer

The rendering court lacked subject matter jurisdiction