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Conflicts Of Law Bar Exam Outline

Law Outlines > Oklahoma Bar Bundle Outlines

This is an extract of our Conflicts Of Law Bar Exam document, which we sell as part of our Oklahoma Bar Bundle Outlines collection written by the top tier of Oklahoma City University School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Oklahoma Bar Bundle Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Conflicts of Law DOMICILE

* Background o Whenever you determine domicile needs to be addressed, begin that part of my essay answer with an explanation of WHY discussing domicile

* Black's Law Definition o Domicile:

*
A person's fixed or established legal residence

* State-Wide Domicile o For purposes of the bar exam DOMICILE is established on a STATE-WIDE

BASIS

* Very Important General Rule o Each person has 1 domicile at a time for a single purpose, only 1 domicile at a

time for a purpose and always has 1 domicile

*
So an individual is never without a domicile, or in-between domiciles, and an individual cannot have two or more domiciles for any one purpose

*
Execption: Infants as discussed belowPossible for certain individuals to have different domiciles fordifferent purposes in eyes of law, such as for divorce jurisdiction, choice of law, insurance coverage and inheritance tax purposes

* Methods of Acquiring Domicile o Only 2 Ways:

*
Choice

*
Operation of Law

* Domicile of Choice o Only may legally choose their own domicile if the individual possesses "

DOMICILE CAPACITY"

*
Domicile Capacity: Old enough and mature enough to fend for selfo Test for if person has CHOSEN domicile is 2 part test:

*
Physical presence in place that is to be domicile, AND

*
Individual has intent to make that place their domicile FACTORS MUST OCCUR TOGETHER TO SATISFY CHOICE OF DOMICILE TEST

* Physical Presence o Longer ones physical presence in a particular state, more likely that place it to be

domicile

*

BUT, very very very short period of time can work for physical presence as long as at that same time had INTENT factor

* Intent to Be Domiciled

Determination of intent to be domiciled in a state should take into account all of the RELEVANT circumstances

*
Job, mailing address, bank account, house or apartment, registered to vote, registered motor vehicle, spends time, o VERY IMPORTANT FACTOR

*
Steps one has taken to abandon previous domicile

*
ACTIONS SPEAK LOUDER THAN WORDS o VERY IMPORTANT POINT

*
Individual only needs to intend to reside in state indefinitely or for the time being in order to satisfy intent standard Focus on intent not motiveo Multiple Residences

*
For person with more than one house in more than one state, domicile is the state of PRINCIPAL/PRIMARY DWELLING Larger & more valuable, from which works or commutes to work,spends more time, etc.

*
If hard to tell: Rule is first-acquired house is place of domicileo Perfecting a New Domicile

*
People retain old domicile till PERFECT new or different one

*
To perfect, satisfy the 2 part test: Physical Presence & Intent to make place of legal residence o

* Domicile by Operation of Law o Applies to:

*
Domicile will be determined by operation of law for those persons who

o

o

lack domicile capacity-InfantsMentally incapacitated peopleInfants

*
Infant has domicile of parents or parent in single parents setting

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IN case of divorce or separation, domicile of infant is the state of domicile of parent have CUSTODY of child.

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Exceptional Case of Multiple Domiciles for Infant Where auto insurance only covered kid "Domiciled in house ofowner"

*
But kid not "domiciled" in either house (cause equal)

*
HOLDING of 6th Circuit

*
2 domiciles for single purpose of auto insurance How apply:*
Pick one but then note the case, exception About mentally incapacitated people

*
Mentally incapacitated from infancy Retain domicile of parents*
Becomes Mentally Incompetent after having attained domicile capacity &
after choosing domicile Retain domicile of choice*
Cause can have intent to chose new one

RECOGNITION OF JUDGMENTS

* Spotting Recognition of Judgment Question o There will be 2 or more states involved in the facts pattern AND a judgment in a litigation between the parties will have been rendered in one of those states

*
Then one party will seek to have judgment enforced or recognized in second state

* Terminology o Rendering State

*
State in which litigation occurred & judgment was entered o Recognizing State

*
State is the second state, the state called upon to recognize the judgment o On Bar Exam

*
Unless told otherwise, the recognizing state will be OKLAHOMA

* Two Contexts for Recognition of Judgments Questions o P sues D in 1 state, wins judgment in rendering state, then seeks enforce

judgment against D in recognizing state (OK)

*
So question is if OK has to recognize the judgment and enforce it against D o P sue D in one state, loses case in rendering state, then P files suit against D in a different state (recognizing state, and D defends against 2nd suit by contending recognizing state should recognized judgment for D.

*
D seeking have judgment of rendering state recognized o In both sets, Oklahoma, will have to determine if should recognize judgment

* Constitutional Mandate of Sister State Recognition of Judgments o US Constitution mandates the recognition by sister states of one another's

judgments, under the "FULL FAITH & CREDIT CLAUSE"

*
Thus states don't have discretion not to recognize each other's judgments

*
It is mandatory IF there was a lawful & binding judgment of a sister state o Two Step Recognition Analysis

*
Determine if Full Faith & Credit requirements satisfied; (3 Part Test)

*
AND

*
IF satisfied, determine whether there are any valid defenses that would nevertheless prohibit recognition

* Three-Part Test for Recognition of Sister State Judgments o Must have been Proper Jurisdiction

*
Pj and SMJ o Decision in rendering state court must have been On The Merits

*
Based on substantive issue, not just a procedural ground or technicality Default judgment considered to be on the meritso Decision in rendering state court must have become Final

*
All opportunities for post-trial proceedings & appeals exhausted or

expired

* Whose Law Governs The Three-Part Test o Rendering State law determines if 3-Part test met

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