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

The First Restatement applies the law of the place where the last act necessary to complete the tort occurred, i.e., where the injury was sustained.

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

The Full Faith and Credit Clause requires each state to honor the judicial proceedings of every other state, including final judgments.

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

Domicile requires both (1) physical presence in a place and (2) the intent to make that place one's permanent or indefinite home.

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 Second Restatement (§145) instructs courts to apply the law of the state that has the most significant relationship to the occurrence and the parties.

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

A true conflict exists when both states have a genuine governmental interest in having their own law applied; it is the hardest conflict to resolve.

Bar Exam Practice Test

Bar Exam Practice Test

Bar Exam Conflict of Laws