Bar Exam (US) Conflict of Laws: Question below refer to the following fact pattern. Jeremy and J...

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Question below refer to the following fact pattern.

Jeremy and Jane Sanders have been married for 14 years and are residents and citizens of State Bliss. They have lived in State Bliss for 10 years.

While on vacation in State Rue, Jeremy and Jane went out to dinner. With his dinner, Jeremy had three martinis. Jane drank only water. When it came time to leave the restaurant, Jane told Jeremy that he was too intoxicated to drive, but Jeremy insisted on driving anyway. About two miles from the restaurant, Jeremy hit a tree, giving Jane a concussion and crushing her arm so severely that it had to be amputated.

Jane sued Jeremy in State Rue for the injuries she sustained in the car accident there. State Bliss allows spouses to sue each other. State Rue has spousal immunity in place.

What is the best way to resolve this conflict so that Jane can sue her husband in State Rue?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Because both the injury and the lawsuit were in State Rue, State Rue's spousal immunity policy should apply.
  2. B
    Correct Answer
    Choose the "better law."
  3. C
    Correct Answer
    Because both Jane and Jeremy were domiciled in State Bliss, the State Rue court should simply apply State Bliss law to the whole controversy.
  4. D
    Correct Answer
    The State Rue court should split the issues and apply State Rue law to the tort issue in the case and apply State Bliss law to the spousal immunity issue.
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