Private International Law: Characterization & Conflicts

Private International Law: Characterization & Conflicts

Explore cause of action characterization in international and domestic cases, and the comparative law theory. Examines two-fold characterization, incidental questions, and renvoi in private international law.

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Answer from memory first, then review the rationales and revisit weak areas from this set.

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Quiz24 Questions
Flashcards22 Cards
Study Notes1 Note

List of Questions24 questions
  1. Question 1
    • Domestic courts are inherently biased against foreign parties.
    • The presence of a foreign element necessitates considering concepts of private international law, which requires a broader interpretation of legal relations.
    • Domestic laws are always simpler and more straightforward to apply.
    • Foreign courts demand a different characterization approach.
  2. Question 2
    • It gives too much power to foreign courts.
    • It can lead to a circular problem where the law determining the matter depends on a characterization that itself requires characterization.
    • The lex causae is only applicable in domestic cases.
    • The lex causae is too complex for most judges to understand.
  3. Question 3
    • The specific laws of the forum court.
    • The historical origins of the legal rule.
    • Universal principles derived from a comparative study of laws across different legal systems.
    • The literal interpretation of legal texts.
  4. Question 4
    • It relies too heavily on the opinions of legal scholars.
    • The scarcity of truly universal legal principles and the limited ability of comparative law to provide definitive solutions.
    • It is too expensive to conduct comparative legal research.
    • It requires extensive knowledge of ancient legal systems.
  5. Question 5
    • The lex fori.
    • The lex causae.
    • International law.
    • The law chosen by the parties.
  6. Question 6
    • The law chosen by the parties.
    • The lex fori.
    • The lex causae.
    • International law.
  7. Question 7
    • It is a secondary question whose resolution is necessary to decide the main question in a case.
    • It is a question that only arises in cases involving multiple jurisdictions.
    • It is a question that is not directly related to the main issue in the case.
    • It is a question that is so complex that it requires a separate hearing.
  8. Question 8
    • It can significantly influence the determination of the primary case, as the decision of the main question depends on resolving the incidental question.
    • It determines which court has jurisdiction over the primary case.
    • It has no impact, as incidental questions are merely hypothetical.
    • It only affects the calculation of damages.
  9. Question 9
    • A disagreement on which court has jurisdiction over the main issue.
    • A discrepancy between the private international law rules of the forum and the system governing the main question.
    • A procedural error in the application of foreign law.
    • A dispute over the factual evidence presented in the case.
  10. Question 10
    • Ensuring internal coherence within the law of the forum.
    • The public policy of the forum.
    • The goal of achieving international harmony in legal decisions.
    • The financial cost to the parties involved in litigating the incidental question.
  11. Question 11
    • It ensures the most consistent and coherent outcome related to the primary legal issue.
    • It minimizes the consideration of foreign laws, focusing on domestic legal standards.
    • It simplifies the process for determining jurisdiction.
    • It prioritizes the public policy of the forum in all legal matters.
  12. Question 12
    • To align with the legal standards of the place where the incidental matter occurred.
    • To uphold the forum's public policy and maintain internal legal consistency.
    • To promote international uniformity in legal decisions.
    • To defer to the expertise of the jurisdiction most familiar with the main question.
  13. Question 13
    • The marriage is considered invalid, and the widow's claim to the property is denied.
    • The marriage is deemed valid, and the widow is entitled to a share in the property.
    • The court splits the difference, granting the widow a reduced portion of the property.
    • The court refers the marriage validity question to a separate court in Greece.
  14. Question 14
    • The law of the place where the defendant resides.
    • The law of the place where a marriage or other ceremony was performed.
    • The law of the place where the main legal action is initiated.
    • The law of the place where the property in dispute is located.
  15. Question 15
    • The lex fori approach.
    • The lex causae approach.
    • A concurrent approach.
    • Neither; it is acting incorrectly.
  16. Question 16
    • It ensures that the decision aligns with the most economically efficient result for all parties involved.
    • It guarantees that the outcome is consistent with the political climate of the involved jurisdictions.
    • It helps to mitigate unintended or unjust consequences that might arise from a strictly legalistic application of rules.
    • It ensures that decisions are easily enforceable across different legal systems, regardless of their specific laws.
  17. Question 17
    • It is a question that is governed by the same law as the main issue, ensuring legal consistency.
    • It is a procedural matter that determines which court has jurisdiction over the main legal issue.
    • It is a preliminary question that arises within a main legal issue, requiring a separate choice of law analysis.
    • It is the main issue in a legal dispute involving parties of different nationalities.
  18. Question 18
    • The main issue and the subsidiary question are both governed by the same foreign law, ensuring a consistent legal outcome.
    • The main issue is governed by a foreign law, the subsidiary question has its own choice of law rule, and applying it leads to a different outcome than applying the law of the main issue.
    • The main issue is governed by the law of the forum, and the subsidiary question involves a domestic element.
    • The main issue involves a contractual dispute, and the subsidiary question relates to the tortious liability of one of the parties.
  19. Question 19
    • The tax implications of the inherited assets in the country where the assets are located.
    • The currency exchange rates for transferring inherited funds across international borders.
    • The procedural rules for filing the inheritance claim in the relevant jurisdiction.
    • The validity of a marriage of someone claiming inheritance rights, which affects their eligibility.
  20. Question 20
    • The question of parentage is irrelevant since the deceased died in Spain, making Spanish law the only applicable law.
    • The question of parentage is an incidental question that may require applying French law to determine its validity.
    • The question of parentage is exclusively a matter for the French courts because the deceased was a French national.
    • The question of parentage is a primary issue governed directly by Spanish inheritance law.
  21. Question 21
    • To ensure that all marriages are uniformly recognized internationally, regardless of the parties' nationalities.
    • To respect the sovereignty of the country where the marriage occurred and to uphold the expectations of the parties involved at the time of the marriage.
    • To simplify the legal process by always applying the law of the country where the marriage took place.
    • To align with the Greek private international law rules, which prioritize the law of the person's nationality.
  22. Question 22
    • English law considers the intentions of the parties, while Greek law strictly adheres to statutory requirements.
    • English law prioritizes the law of the forum, while Greek law prioritizes the law of the deceased's nationality.
    • English law focuses on the parties' domicile, while Greek law focuses on where the marriage took place.
    • English law requires a religious ceremony for the marriage to be valid, while Greek law recognizes civil ceremonies.
  23. Question 23
    • The claimant would be recognized as the wife for all purposes, including succession rights, regardless of Greek law.
    • The claimant may be entitled to a share of the estate under English law but not under Greek law, leading to a conflict in the distribution of assets.
    • The entire succession case would be dismissed, and the assets would escheat to the English Crown.
    • The English court must defer to the Greek court's decision on the marital status, ensuring a uniform outcome.
  24. Question 24
    • The English court will engage in a careful analysis of both English and Greek private international law to determine which law should prevail on the incidental question.
    • The English court will request an advisory opinion from the Greek courts to ensure compliance with international legal standards.
    • The English court will automatically apply English law as the law of the forum to resolve the conflict.
    • The English court will dismiss the case to avoid applying foreign law, which it may not be familiar with.
List of Flashcards22 flashcards
  1. Card 1
    HintThink of the 'forum' as the stage where the legal play unfolds.Memory TipLex Fori: Law of the court 'doorway'.
  2. Card 2
    HintThink of 'causae' as the root 'cause' of the legal issue.Memory TipLex Causae: Law of the 'cause'.
  3. Card 3
    HintThe local court defines the legal issue.Memory TipLocal rules define the game.
  4. Card 4
    HintThe system of law connected to the issue defines it.Memory TipThe law of the action defines its nature.
  5. Card 5
    HintLooks for common threads in different legal systems.Memory TipComparative: Global view, shared rules.
  6. Card 6
    HintA middle-ground approach to characterisation.Memory TipTwo steps: Local then substantive law.
  7. Card 7
    HintA preliminary question that affects the main question's outcome.Memory TipSmaller question decides the bigger one.
  8. Card 8
    HintThe process the case follows in court.Memory TipProcess follows Lex Fori.
  9. Card 9
    HintThe primary legal question to be resolved.Memory TipMain issue = the principal question
  10. Card 10
    HintThe governing law originates from a foreign jurisdiction.Memory TipMain issue is determined by Law X
  11. Card 11
    HintArises separately and impacts the main issue's outcome.Memory TipMarriage legality is a subsidiary question.
  12. Card 12
    HintDetermines if the subsidiary question is under Law X or Law Y.Memory TipSubsidiary question follows it's own rules
  13. Card 13
    Hint'Locus' means place; 'Celebrationis' refers to marriage.Memory TipMarriage location's law.
  14. Card 14
    HintGreek law requires a priest's presence at a wedding.Memory TipNationality dictates law.
  15. Card 15
    HintWhere someone intends to live permanently.Memory TipHome is where the heart is = domicile.
  16. Card 16
    HintFocuses on the court's own rules.Memory TipThe home court advantage in law.
  17. Card 17
    HintRelates to the primary legal issue.Memory TipStick with the main law for all questions.
  18. Card 18
    HintThe goal is for international courts to agree.Memory TipLike singing the same legal tune worldwide.
  19. Card 19
    HintPutting the legal issue into correct bucket.Memory TipLike sorting mail into the right department.
  20. Card 20
    HintThe conflict of laws 'bounces' between legal systems.Memory TipLike a legal game of 'hot potato'.
  21. Card 21
    HintMoving countries affects asset division.Memory TipThink 'moving' and 'marriage' for asset division.
  22. Card 22
    HintMarriage validity varying between countries.Memory TipIsland marriage, validity questions.