DE Bar Conflict of Laws 2

Question 1

Under traditional conflict of laws rules, the validity of a marriage is governed by:

Accepted Answer

The law of the state where the marriage was celebrated (lex loci celebrationis)

Answer

The law of the state where the couple currently resides

Answer

The law of the husband's domicile at the time of marriage

Answer

The law of the most significant relationship

Question 2

A state may refuse to recognize a marriage that was valid under the law of the state of celebration under which doctrine?

Accepted Answer

The public policy exception

Answer

The full faith and credit override

Answer

The governmental interest exception

Answer

The comity limitation

Question 3

Which law governs the validity and testamentary disposition of a decedent's personal property under traditional conflict of laws?

Accepted Answer

The law of the testator's domicile at the time of death

Answer

The law of the state where the personal property is physically located

Answer

The law of the state where the will was executed

Answer

The law of the state where probate proceedings are initiated

Question 4

Which law governs the validity of a conveyance or devise of real property under conflict of laws?

Accepted Answer

The law of the situs — the state where the property is physically located

Answer

The law of the grantor's domicile

Answer

The law of the state where the deed was executed

Answer

The law chosen by the parties in the deed

Question 5

When a Delaware court must apply another state's law, that foreign state's law is treated as:

Accepted Answer

A question of law that the court determines, applying that state's statutes and appellate decisions

Answer

A question of fact to be proven by expert witnesses

Answer

Federal common law serving as a substitute

Answer

Only statutory law, excluding judicial decisions

Question 6

The governmental interest analysis approach to choice of law was primarily developed by which scholar?

Accepted Answer

Brainerd Currie

Answer

Joseph Beale

Answer

Walter Wheeler Cook

Answer

Willis Reese

Question 7

Renvoi in conflict of laws refers to the practice of:

Accepted Answer

Applying a foreign state's entire law, including its conflict of laws rules, rather than only its internal domestic rules

Answer

Selecting the most favorable law for the plaintiff

Answer

Recognizing a foreign country's money judgment

Answer

Invoking the public policy exception to reject foreign law