😊 Flashcards
What are the 2 main choice of law approaches?
- Vested Rights Approach
- Modern Law Approach
What is the rendering jurisdiction?
The court that rendered the judgement.
What is the recognizing jurisdiction?
The forum court of the state that party wants a judgement to be recognized in.
What is FFC?
Full faith and credit
What choice of law is used for tort claims? (Vested Rights)
State where injury occurred.
What is the Exception the general choice of law approach?
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.
What procedural rules are used when there is a foreign court involved?
The forum courts procedural rules.
What is a “final” judgement?
Judgment that is not on appeal or modifiable
What is a defense to choice of law?
•Against public policy if the forum state
• Constitutional limits
What is the Vested Rights choice of law approach?
Approach based on where parties rights “vested”; usually where the action arose.
How many theories are there under the Modern Law choice of law approach?
3 theories
- Use the one used by the forum state, but if unknown, discuss all 3.
What choice of law is used for contract claims? (Vested Rights Approach)
State where contract was FORMED or state where contract is to be PERFORMED.
What choice of law is used for property claims? (Vested Rights Approach)
Unmovable property = laws where located
Movable property = law here property was at time of transfer (Inter Vivos)
Inheritance = law of state where decedent domiciled
Most significant relationship theory (Modern Law Approach) #1
Look at the NATURE and NUMBER of contacts that each state involved has and find state with most significant relationship to issue(s)
Governmental Interest Analysis Theory (Modern Law Approach) #2
Determine policies and interest behind the conflicting laws.
Better Law Theory (Modern Law Approach) #3
Choose between laws and pick the most appropriate one.
Judgement from Sister State should be…….
Given FFC as long as final, on the merits, and sufficient jurisdiction (Pj and SMJ)
What are defenses to giving a sister state FFC?
Penal judgements
Extrinsic fraud (eg. Judge bribed)
Are times bars, dismissal for lack of jurisdiction, or failure to stage a claim without prejudice “on the merits”?
No.
How are foreign judgments recognized?
Comety and Res Judicata
What is comety?
Determining:
- Did court have jurisdiction?
- Were foreign procedures fair?
What is Res Judicata?
Final judgement on the merits
Will sister states recognize marriages of other states?
Yes as long as valid
When will a sister state not recognize a marriage?
If it violates public policy (ex incest, polygamy)
Should sister states recognize common law marriage?
Yes, as long as CACH.
Capacity
Agreement to be married
Cohabitation
Holding out as married
Which states law will apply to premarital agreements?
Either
- the law of the state where the contract was formed or
- the law of the state with the most significant relationship to the parties of the transaction
What is the diversity exception to choice of law called?
The Klaxon Doctrine
What are the Most Significant Relationship Theory Factors (Modern Choice of Law Approach)?
- Needs of interstate and national system
- Policies/interests of forum
- Policies/Interests of other states
- Protection of justified expectation
- Policies underlying field of law
- Certainty, predictability, and uniform result
- Ease in determination and application of law
