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OUTLINE - CH 4 CONSTITUTIONAL LIMITATIONS What are the...

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1) Chapter 1 introduction: a) The subject matter of conflict of laws b) The elements of the subject i) Personal jurisdiction ii) Choice of law iii) Constitutional limits on choice of law iv) State law and federal law v) Recognition and enforcement of foreign judgments vi) International conflict of laws c) A brief history i) Continental origins of the subject ii) English common law and private international law iii) The beginnings of American conflict of laws iv) The first restatement: Beale and the Critics 2) Chapter 2 Choice of Law : Some general problems a) Selecting a choice of law theory- i) The vested rights theory- basic principle of this theory- (a) To create rights for the promotion and protection of certain interests (b) These rights are created by the state in which the single event or the transaction occurred (c) If the state in which the event occurred created a right in an individual or a legal entity then that right of the individual or the legal entity became vested (d) Once a right becomes vested all states have to recognize and enforce that right. (e) Provisions in the first restatements PGS 17-18 of casebook- (i) §384- Recognition of foreign cause of action (ii) § 377- The place of wrong (iii) § 378- Law governing plaintiff’s injury (iv)§332- Law governing validity of contract (v) §311- Determination of “place of contracting” (vi)§ 215- Validity of conveyance of interest in land (vii) §135- Law governing right to divorce. (2) Alabama Great Southern Railroad Co v. Carroll- PG 19 (a) Alabama person hired in Alabama by a railroad company that is headquartered in Alabama. (b) There was negligent on part of the defendant’s employees causing the coupling to break in Mississippi and injuring the plaintiff there. (c) Conflict- By Alabama employer’s liability act the defendant would be liable for the injury but as per Mississippi law, the old “fellow- servant” rule (if an employee is injured by a fellow employee then the injured employee could not collect from the employer), there would be no liability. (d) The court held that Mississippi law would apply in this case because the injury occurred. (e) There can be a counter argument for Alabama that
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(i) Even though the injury did not occur there the wrong occurred there (ii) There is a contractual relationship between the employer and the employee and that contract was made in Alabama (iii) The place of recovery or death and/or subsequent consequences of both is Alabama. (3) Fitts v. Minnesota Mining and Manufacturing Co.- PG 20 (a) An Alabama family is killed in Florida due to a plane crash while coming home from vacation. The executors sue the defendants claiming defective airplane instruments were the cause of the crash. (b) Plaintiffs ask for a declaration for Alabama law to apply because they could receive more damages in Alabama. Alabama for the previous 100 years had followed the lex loci delicti rule.
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