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

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?

Accepted Answer

The public policy exception

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Conflict of Laws 2