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Question 1

What are the 2 main choice of law approaches?

Answer 1

1. Vested Rights Approach
2. Modern Law Approach

Question 2

What is the rendering jurisdiction?

Answer 2

The court that rendered the judgement.

Question 3

What is the recognizing jurisdiction?

Answer 3

The forum court of the state that party wants a judgement to be recognized in.

Question 4

What is FFC?

Answer 4

Full faith and credit

Question 5

What choice of law is used for tort claims? (Vested Rights)

Answer 5

State where injury occurred.

Question 6

What is the Exception the general choice of law approach?

Answer 6

Diversity cases: use the choice of law approach if the state where federal court sits.

If case has been transferred through the federal courts, use choice of
law OG state where federal action started.

Question 7

What procedural rules are used when there is a foreign court involved?

Answer 7

The forum courts procedural rules.

Question 8

What is a “final” judgement?

Answer 8

Judgment that is not on appeal or modifiable

Question 9

What is a defense to choice of law?

Answer 9

•Against public policy if the forum state

• Constitutional limits

Question 10

What is the Vested Rights choice of law approach?

Answer 10

Approach based on where parties rights “vested”; usually where the action arose.

Question 11

How many theories are there under the Modern Law choice of law approach?

Answer 11

3 theories

• Use the one used by the forum state, but if unknown, discuss all 3.

Question 12

What choice of law is used for contract claims? (Vested Rights Approach)

Answer 12

State where contract was FORMED or state where contract is to be PERFORMED.

Question 13

What choice of law is used for property claims? (Vested Rights Approach)

Answer 13

Unmovable property = laws where located

Movable property = law here property was at time of transfer (Inter Vivos)

Inheritance = law of state where decedent domiciled

Question 14

Most significant relationship theory (Modern Law Approach) #1

Answer 14

Look at the NATURE and NUMBER of contacts that each state involved has and find state with most significant relationship to issue(s)

Question 15

Governmental Interest Analysis Theory (Modern Law Approach) #2

Answer 15

Determine policies and interest behind the conflicting laws.

Question 16

Better Law Theory (Modern Law Approach) #3

Answer 16

Choose between laws and pick the most appropriate one.

Question 17

Judgement from Sister State should be…….

Answer 17

Given FFC as long as final, on the merits, and sufficient jurisdiction (Pj and SMJ)

Question 18

What are defenses to giving a sister state FFC?

Answer 18

Penal judgements

Extrinsic fraud (eg. Judge bribed)

Question 19

Are times bars, dismissal for lack of jurisdiction, or failure to stage a claim without prejudice “on the merits”?

Answer 19

No.

Question 20

How are foreign judgments recognized?

Answer 20

Comety and Res Judicata

Question 21

What is comety?

Answer 21

Determining:

1. Did court have jurisdiction?
2. Were foreign procedures fair?

Question 22

What is Res Judicata?

Answer 22

Final judgement on the merits

Question 23

Will sister states recognize marriages of other states?

Answer 23

Yes as long as valid

Question 24

When will a sister state not recognize a marriage?

Answer 24

If it violates public policy (ex incest, polygamy)

Question 25

Should sister states recognize common law marriage?

Answer 25

Yes, as long as CACH.

Capacity
Agreement to be married
Cohabitation
Holding out as married

Question 26

Which states law will apply to premarital agreements?

Answer 26

Either

1. the law of the state where the contract was formed or
2. the law of the state with the most significant relationship to the parties of the transaction

Question 27

What is the diversity exception to choice of law called?

Answer 27

The Klaxon Doctrine

Question 28

What are the Most Significant Relationship Theory Factors (Modern Choice of Law Approach)?

Answer 28

1. Needs of interstate and national system
2. Policies/interests of forum
3. Policies/Interests of other states
4. Protection of justified expectation
5. Policies underlying field of law
6. Certainty, predictability, and uniform result
7. Ease in determination and application of law