DE Bar Conflict of Laws 3

Question 1

For a sister state judgment to receive full faith and credit, the rendering court must have had:

Accepted Answer

Both subject matter jurisdiction and personal jurisdiction

Answer

Subject matter jurisdiction only

Answer

Personal jurisdiction over the defendant only

Answer

Authorization from a federal court

Question 2

Which of the following is NOT a recognized defense to enforcement of a sister state judgment?

Accepted Answer

The rendering court decided the merits incorrectly

Answer

Lack of personal jurisdiction in the rendering court

Answer

Fraud in procuring the judgment

Answer

Denial of due process in the rendering proceedings

Question 3

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a state has initial jurisdiction over a child custody determination if it is the child's:

Accepted Answer

Home state, where the child lived for at least six consecutive months immediately before proceedings began

Answer

Birth state

Answer

State of the custodial parent's domicile

Answer

State where either parent currently resides

Question 4

The penal law exception in conflict of laws provides that a forum state will:

Accepted Answer

Refuse to enforce another state's penal laws or collect another sovereign's taxes

Answer

Apply foreign criminal statutes in its civil courts when asked

Answer

Apply the strictest penalty available among potentially applicable laws

Answer

Defer to federal criminal law in all multi-state disputes

Question 5

Delaware courts apply which choice-of-law approach in tort cases?

Accepted Answer

The Second Restatement most significant relationship test

Answer

The First Restatement lex loci delicti rule

Answer

The governmental interest analysis

Answer

The better law approach

Question 6

The constitutional standard for personal jurisdiction over a nonresident defendant, established in International Shoe Co. v. Washington (1945), requires:

Accepted Answer

Minimum contacts with the forum state such that jurisdiction does not offend traditional notions of fair play and substantial justice

Answer

Physical presence of the defendant in the forum state at the time of service

Answer

Defendant's domicile in the forum state

Answer

Federal court authorization before a state may assert jurisdiction

Question 7

Characterization (or classification) in conflict of laws is the process of:

Accepted Answer

Identifying which legal category an issue belongs to — such as tort, contract, or property — which then determines which choice of law rule applies

Answer

Determining the citizenship of the parties for diversity jurisdiction purposes

Answer

Classifying property as movable or immovable for tax purposes

Answer

Assessing the domicile of each party to the litigation