DE Bar Conflict of Laws 2 — Questions and Answers
Question 1: Under traditional conflict of laws rules, the validity of a marriage is governed by:
- The law of the state where the couple currently resides
- The law of the state where the marriage was celebrated (lex loci celebrationis) (Correct answer)
- The law of the husband's domicile at the time of marriage
- The law of the most significant relationship
Correct answer: The law of the state where the marriage was celebrated (lex loci celebrationis)
Traditionally, the validity of a marriage is governed by the law of the place of celebration (lex loci celebrationis) — the state in which the ceremony occurred.
Question 2: A state may refuse to recognize a marriage that was valid under the law of the state of celebration under which doctrine?
- The public policy exception (Correct answer)
- The full faith and credit override
- The governmental interest exception
- The comity limitation
Correct answer: The public policy exception
The public policy exception allows a state to deny recognition to a foreign marriage that violates a strong, fundamental public policy of the forum state, even if the marriage was valid where celebrated.
Question 3: Which law governs the validity and testamentary disposition of a decedent's personal property under traditional conflict of laws?
- The law of the state where the personal property is physically located
- The law of the testator's domicile at the time of death (Correct answer)
- The law of the state where the will was executed
- The law of the state where probate proceedings are initiated
Correct answer: The law of the testator's domicile at the time of death
For personal property (movables), the law of the testator's domicile at death governs the validity and effect of a will — the 'movables rule.'
Question 4: Which law governs the validity of a conveyance or devise of real property under conflict of laws?
- The law of the grantor's domicile
- The law of the state where the deed was executed
- The law of the situs — the state where the property is physically located (Correct answer)
- The law chosen by the parties in the deed
Correct answer: The law of the situs — the state where the property is physically located
Real property (immovables) is governed by the law of the situs — the state where the property is located — under both the traditional rule and the Second Restatement.
Question 5: When a Delaware court must apply another state's law, that foreign state's law is treated as:
- A question of fact to be proven by expert witnesses
- A question of law that the court determines, applying that state's statutes and appellate decisions (Correct answer)
- Federal common law serving as a substitute
- Only statutory law, excluding judicial decisions
Correct answer: A question of law that the court determines, applying that state's statutes and appellate decisions
Foreign state law is a question of law; the court determines and applies it as the foreign state's own courts would, including statutes and authoritative case law.
Question 6: The governmental interest analysis approach to choice of law was primarily developed by which scholar?
- Joseph Beale
- Brainerd Currie (Correct answer)
- Walter Wheeler Cook
- Willis Reese
Correct answer: Brainerd Currie
Brainerd Currie developed the governmental interest analysis, which focuses on identifying each state's genuine policy interest in having its law applied to resolve conflicts.
Question 7: Renvoi in conflict of laws refers to the practice of:
- Selecting the most favorable law for the plaintiff
- Applying a foreign state's entire law, including its conflict of laws rules, rather than only its internal domestic rules (Correct answer)
- Recognizing a foreign country's money judgment
- Invoking the public policy exception to reject foreign law
Correct answer: Applying a foreign state's entire law, including its conflict of laws rules, rather than only its internal domestic rules
Renvoi occurs when a court directed to apply foreign law considers whether to apply that state's entire legal system (including its choice of law rules) or just its internal substantive rules.
DE Bar Conflict of Laws 2
Under traditional conflict of laws rules, the validity of a marriage is governed by: