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This study guide includes a 25-page capsule summary, deeper explanations and analysis, review questions (with answers) after each of the 12 chapters, case citations, and sample exam questions. Written by a Conflict of Laws casebook co-author.
This is also an excellent hornbook. “While many conflicts problems can be resolved through negotiation, mediation, or arbitration, most of them end up in litigation. In planning for this eventuality, or when forced to confront it, parties involved in multistate activity should keep in mind three major questions: (1) Where can or should litigation be initiatied? (2) Which law will the court apply? and (3) Where can the resulting judgment be enforced? These three questions correspond to the three consecutive phases that comprise the process of judicial resolution of most conflicts problems, namely: (1) jurisdiction; (2) choice of law; and (3) recognition and enforcement of judgments. In the United States and other common-law systems, these are also the three major divisions of the law of Conflicts of Laws. The organization of this book follows these three divisions.” [page 3]
This treatise covers Conflict of Laws within the United States, including both conflicts among the laws of the fifty U.S. states (interstate conflicts) and between state or federal laws and those of foreign countries (international conflicts).
This influential work seeks to summarize the many disparate approaches in American courts towards Conflict of Laws. The 14 chapters in volumes 1-2 cover general principles, domicile, judicial jurisdiction, limitations on jurisdiction, judgments, procedure, wrongs (torts), contracts, property, trusts, status (marriage, legitimacy and adoption), agency and partnerships, business corporations, and administration of estates. Court citations (1934-present) to First and Second Restatements are given in volumes 3-7. [Westlaw has full-text of restatements of conflicts first and second, plus revisions and links to case citations in database: REST-CONFL.]