Choosing A Choice Of Law

2237 WordsDec 12, 20169 Pages
OVERVIEW Choosing a Choice of Law Approach A forum applies its own choice of law rules, and therefore Klaxon The Supreme Court has held that choice of law rules are substantive for the purpose of the Erie doctrine. Klaxon v. Stentor Manuf. Co. Therefore, federal courts sitting in diversity jurisdiction must apply the choice of law approach of the forum state. Domicile Every person has one and only domicile. A person keeps their domicile until its validly changed. For example, at birth a person is assigned the domicile of his or her parents. First Restatement Under the First Restatement, a person can acquire a domicile of choice if there is a concurrence of an intent to make that state home, and a physical presence in a dwelling there. These two elements must be aligned for at least a moment. Specific Issues A person does not have to intend to remain the state forever, all that is required is an intent to make that place home and no intent to leave at a definite time. We look to a person’s outward intent to determine intent, not their subject belief. Under the First Restatement, a person acquires a new domicile of choice if that person is physically present even for a moment in a dwelling place with the intent to make it home. (R.1d § 15) The First Restatement requires a physical presence in a dwelling place with the intent to make it home. Interest Analysis A person can acquire a domicile of choice if there is a concurrence of an intent to make that state home and a

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