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

Law of the state where the defendant is domiciled

Answer

Law of the state with the most significant relationship

Answer

Law of the forum state

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

Place of the defendant's conduct

Answer

Place of injury rule

Answer

Better law approach

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

One party is domiciled in a different state than the other

Answer

The contract value is below a statutory threshold

Answer

The contract involves the sale of real property

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

Due Process Clause of the Fourteenth Amendment

Answer

Supremacy Clause of Article VI

Answer

Dormant Commerce Clause

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

The state where the person was born

Answer

The state where the person maintains their primary employment

Answer

The state where the person owns real property

Question 6

Under the interest analysis approach, a 'false conflict' arises when:

Accepted Answer

Only one state has a genuine interest in applying its law to the dispute

Answer

Both states have a genuine policy interest in applying their law

Answer

The parties have contractually agreed on which law governs

Answer

Neither state has any interest in the outcome of the dispute

Question 7

Under the Erie doctrine, a federal court sitting in diversity jurisdiction must apply:

Accepted Answer

The substantive law of the state in which the federal court sits, including that state's conflict of laws rules

Answer

Federal common law on all substantive and procedural issues

Answer

The law of the state most favorable to the plaintiff

Answer

Federal statutory law as the default on all substantive questions