Civ pro question re: domicile

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
rustyyoda
Posts: 51
Joined: Thu Sep 06, 2012 3:01 pm

Civ pro question re: domicile

Postby rustyyoda » Fri Dec 14, 2012 10:51 pm

Does anyone have any insights about the meaning of "physical presence"?

For instance, say that while you are away at school, your parents move. All of your stuff is in the new state, all of your mail goes to the new state, you list the new address as your permanent residence, etc. But you've not actually been to the new state yet. Have you changed your domicile to the new state?

stargazin
Posts: 112
Joined: Sun Aug 01, 2010 10:20 pm

Re: Civ pro question re: domicile

Postby stargazin » Fri Dec 14, 2012 11:28 pm

I don't think so. Domicile is the most recent state where you have both resided and intended to remain indefinitely. I think reside means physically present. Listing the address as your permanent residence merely shows your intentions.

005618502
Posts: 2577
Joined: Thu May 06, 2010 10:56 pm

Re: Civ pro question re: domicile

Postby 005618502 » Fri Dec 14, 2012 11:33 pm

stargazin wrote:I don't think so. Domicile is the most recent state where you have both resided and intended to remain indefinitely. I think reside means physically present. Listing the address as your permanent residence merely shows your intentions.


good explanation. I second this. The parents new home would not be the students new domicile. An example we received was a man was moving to Arizona with his family from NY. They were in the moving truck, had all their possessions, new home already purchased and were half way there when they suffered (I dont remember exactly what) harm. Their domicile was NY, they could not yet claim it was AZ

rustyyoda
Posts: 51
Joined: Thu Sep 06, 2012 3:01 pm

Re: Civ pro question re: domicile

Postby rustyyoda » Sat Dec 15, 2012 12:49 pm

That's what I figured but I was confusing myself! Thanks!

User avatar
History_Buff
Posts: 8569
Joined: Sat Dec 17, 2011 2:45 pm

Re: Civ pro question re: domicile

Postby History_Buff » Sat Dec 15, 2012 5:15 pm

You may not even be a domiciliary of the state in which you go to law school even though you plan on remaining there for 3 years. If you go to Vanderbilt, but intend on moving to Atlanta as soon as possible then you are not a domiciliary of Tennessee. Plan to remain indefinitely is the key.

wsw15
Posts: 12
Joined: Mon Dec 10, 2012 10:21 am

Re: Civ pro question re: domicile

Postby wsw15 » Sun Dec 16, 2012 5:11 pm

I think your domicile would be in the state the parents lived in before moving because the student has not stepped foot in the new state since the parents moved there. (especially if the prior state was the student's domicile of origin) Because you retain a domicile until you create a new one, (by simultaneously being present and intending to remain indefinitely).

There was at least one case- I don't remember the name- where the courts ruled the parents new address, in a situation similar to the one you described, was the students new domicile. I think it was in Florida, and I remember thinking it was a case where the court found a way to rule as such because the defendent-student seemed definitely guilty of something & was trying to use domicile in a previous state to his favor. I think they came up with something based on dependence on the parents, etc and I'm sure they were able to find some case to back them up, But I think such a situation is without a doubt a rare ruling.

Obviously, the other option is the student could certainly establish that the state of her school is her new domicile, by asserting that she intends to remain in that state.

But in general the previously established domicile(domicile of birth/origin if it is the only domicile the student has ever had) would the students domicile.

cynthiad
Posts: 163
Joined: Sat Sep 22, 2012 1:16 pm

Re: Civ pro question re: domicile

Postby cynthiad » Sun Dec 16, 2012 5:17 pm

History_Buff wrote:You may not even be a domiciliary of the state in which you go to law school even though you plan on remaining there for 3 years. If you go to Vanderbilt, but intend on moving to Atlanta as soon as possible then you are not a domiciliary of Tennessee. Plan to remain indefinitely is the key.


But couldn't that mean that you're not a domiciliary of anywhere? If you grew up in Tennessee, but always planned to leave permanently when you graduated from college, and you now go to college in New York, and you plan to move to DC when you graduate, then where are you domiciled? You didn't plan to remain indefinitely in Tennessee and don't live there, you live in NY but plan to leave, and you plan to live in DC but aren't there yet?

andrew58269
Posts: 4
Joined: Mon Jul 30, 2012 4:40 pm

Re: Civ pro question re: domicile

Postby andrew58269 » Sun Dec 16, 2012 9:07 pm

cynthiad wrote:
History_Buff wrote:You may not even be a domiciliary of the state in which you go to law school even though you plan on remaining there for 3 years. If you go to Vanderbilt, but intend on moving to Atlanta as soon as possible then you are not a domiciliary of Tennessee. Plan to remain indefinitely is the key.


But couldn't that mean that you're not a domiciliary of anywhere? If you grew up in Tennessee, but always planned to leave permanently when you graduated from college, and you now go to college in New York, and you plan to move to DC when you graduate, then where are you domiciled? You didn't plan to remain indefinitely in Tennessee and don't live there, you live in NY but plan to leave, and you plan to live in DC but aren't there yet?



Your domicile would start in the state of your birth. If you are a citizen, you have a place of domicile.

cynthiad
Posts: 163
Joined: Sat Sep 22, 2012 1:16 pm

Re: Civ pro question re: domicile

Postby cynthiad » Sun Dec 16, 2012 9:13 pm

andrew58269 wrote:
cynthiad wrote:
History_Buff wrote:You may not even be a domiciliary of the state in which you go to law school even though you plan on remaining there for 3 years. If you go to Vanderbilt, but intend on moving to Atlanta as soon as possible then you are not a domiciliary of Tennessee. Plan to remain indefinitely is the key.


But couldn't that mean that you're not a domiciliary of anywhere? If you grew up in Tennessee, but always planned to leave permanently when you graduated from college, and you now go to college in New York, and you plan to move to DC when you graduate, then where are you domiciled? You didn't plan to remain indefinitely in Tennessee and don't live there, you live in NY but plan to leave, and you plan to live in DC but aren't there yet?



Your domicile would start in the state of your birth. If you are a citizen, you have a place of domicile.


Yes, I thought that was the case, which is why I was confused about the post saying that planning to remain indefinitely was the key to whether you are domiciled somewhere, because you could be born somewhere but not plan to stay indefinitely.

andrew58269
Posts: 4
Joined: Mon Jul 30, 2012 4:40 pm

Re: Civ pro question re: domicile

Postby andrew58269 » Sun Dec 16, 2012 9:26 pm

cynthiad wrote:
andrew58269 wrote:
cynthiad wrote:
History_Buff wrote:You may not even be a domiciliary of the state in which you go to law school even though you plan on remaining there for 3 years. If you go to Vanderbilt, but intend on moving to Atlanta as soon as possible then you are not a domiciliary of Tennessee. Plan to remain indefinitely is the key.


But couldn't that mean that you're not a domiciliary of anywhere? If you grew up in Tennessee, but always planned to leave permanently when you graduated from college, and you now go to college in New York, and you plan to move to DC when you graduate, then where are you domiciled? You didn't plan to remain indefinitely in Tennessee and don't live there, you live in NY but plan to leave, and you plan to live in DC but aren't there yet?



Your domicile would start in the state of your birth. If you are a citizen, you have a place of domicile.


Yes, I thought that was the case, which is why I was confused about the post saying that planning to remain indefinitely was the key to whether you are domiciled somewhere, because you could be born somewhere but not plan to stay indefinitely.



Well that is key, but for establishing a new domicile. So if you are away for school, you can argue that you do not have intent to remain indefinitely so that state is not your domicile, but then again it can also be argued the other way depending on the circumstances.

westphillybandr
Posts: 150
Joined: Tue Apr 03, 2012 9:52 pm

Re: Civ pro question re: domicile

Postby westphillybandr » Sun Dec 16, 2012 9:41 pm

cynthiad wrote:
History_Buff wrote:You may not even be a domiciliary of the state in which you go to law school even though you plan on remaining there for 3 years. If you go to Vanderbilt, but intend on moving to Atlanta as soon as possible then you are not a domiciliary of Tennessee. Plan to remain indefinitely is the key.


But couldn't that mean that you're not a domiciliary of anywhere? If you grew up in Tennessee, but always planned to leave permanently when you graduated from college, and you now go to college in New York, and you plan to move to DC when you graduate, then where are you domiciled? You didn't plan to remain indefinitely in Tennessee and don't live there, you live in NY but plan to leave, and you plan to live in DC but aren't there yet?

You would retain your previous domicile.

BeachandRun23
Posts: 328
Joined: Mon Dec 27, 2010 2:20 am

Re: Civ pro question re: domicile

Postby BeachandRun23 » Tue Dec 18, 2012 2:03 am

History_Buff wrote:You may not even be a domiciliary of the state in which you go to law school even though you plan on remaining there for 3 years. If you go to Vanderbilt, but intend on moving to Atlanta as soon as possible then you are not a domiciliary of Tennessee. Plan to remain indefinitely is the key.


This. I think its the last state where you resided and planned to remain indefinitely. The test definitely leads to some counter intuitive results, but that is the test. Apply it and have fun!

LegalThree
Posts: 9
Joined: Tue Dec 21, 2010 2:33 am

Re: Civ pro question re: domicile

Postby LegalThree » Thu Dec 20, 2012 6:00 pm

Great job everyone! Looking forward to next semester. I've got a great collection of outlines, here are just a few:
SPAM
ENJOY!!!!!!!




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: MSNbot Media and 4 guests