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

Full faith and credit requires that the rendering court had both subject matter jurisdiction over the dispute and personal jurisdiction over the defendant; a deficiency in either defeats the obligation to recognize the judgment.

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

Full faith and credit prohibits re-examination of the merits; the only recognized defenses are jurisdictional defects, fraud in obtaining the judgment, and due process violations.

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

Under the UCCJEA, the child's 'home state' — where the child lived for six consecutive months immediately before proceedings were commenced — has primary jurisdiction over initial custody determinations.

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

The penal law exception holds that courts will not enforce the penal statutes or revenue (tax) laws of foreign states, as those reflect sovereign power peculiar to the enacting state.

Question 5

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

Accepted Answer

The Second Restatement most significant relationship test

Answer

Delaware follows the Second Restatement's most significant relationship test for choice of law in tort cases, weighing factors such as place of injury, conduct, domicile, and the relationship between the parties.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Conflict of Laws 3