1 - introduction

Question 1

introduction to conflict of laws

Answer 1

Nature of CoL
Scope of CoL
Intro to CoL
How CoL issues arise

Question 2

Nature of CoL

Answer 2

Conflict of laws concerns issues that arise from a dispute having contact w/more than 1 sovereign
(more than 1 state, or 1 or more states and a sovereign country)

Question 3

Scope of CoL

Answer 3

1. Jdx over person or property (PJ - already covered in civ pro
2. CoL
   a. Interstate (International) CoL - choose between laws of co-equal sovereigns
   b. Choosing between federal and state law (Erie doctrine from Civ Pro and Supremacy Clause from Con Law)
3. Recognition of foreign judgments (what effect do we give to the judgment of a court of another sovereign)

Question 4

Intro to CoL

Answer 4

When a court hears a case that involves parties from or activities in more than 1 sovereign state, it must decide which state’s law to apply. To make that decision, it generally applies the CoL doctrine of the state in which the court sits.

Question 5

How CoL issues arise

Answer 5

P files action that touches more than 1 state
Laws of states differ on a given issue, and the parties dispute which law should apply
Forum state will apply its CoL doctrine to determine which law governs