DE Bar Conflict of Laws

Question 1

Under the traditional First Restatement approach (lex loci delicti), which law governs a tort claim?

Accepted Answer

Law of the state where the injury occurred

Answer

Under the First Restatement's lex loci delicti rule, tort claims are governed by the law of the place where the injury occurred.

Question 2

Under the Second Restatement approach adopted by most states, which test governs choice of law in tort cases?

Accepted Answer

Most significant relationship test

Answer

The Second Restatement uses the 'most significant relationship' test, examining contacts like place of injury, conduct, domicile of the parties, and the center of their relationship.

Question 3

Under the Second Restatement, a contractual choice-of-law clause will generally NOT be enforced if:

Accepted Answer

The chosen state has no substantial relationship to the parties or transaction and there is no reasonable basis for the choice

Answer

Under Restatement (Second) §187, a party autonomy clause is unenforceable if the chosen state has no substantial relationship to the parties or transaction and no reasonable basis exists for the choice, or it violates a fundamental public policy.

Question 4

Which constitutional provision requires each state to recognize and enforce valid final judgments of other states?

Accepted Answer

Full Faith and Credit Clause of Article IV

Answer

The Full Faith and Credit Clause of Article IV, Section 1 mandates that each state give full faith and credit to the public acts, records, and judicial proceedings of every other state.

Question 5

For conflict of laws purposes, a person's domicile is defined as:

Accepted Answer

The state where the person is physically present with the intent to remain indefinitely

Answer

Domicile requires both physical presence in a place and the intent to remain there indefinitely (or without a fixed present intent to leave), distinguishing it from mere temporary residence.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Conflict of Laws