7 - answering a CoL bar exam question Flashcards

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1
Q

Answering a CoL bar exam questions

A

A. Recognizing a CoL issue
B. PJ
C. CoL
D. Recognition of foreign judgments

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2
Q

Answering a CoL bar exam questions

A. Recognizing a CoL issue

A

Any question regarding parties or events in more than 1 state

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3
Q

Answering a CoL bar exam questions

B. PJ

A
  1. Applicable long-arm statute

2. Due Process analysis (look to civ pro)

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4
Q

Answering a CoL bar exam questions

C. CoL

A

Tort cases: Note and apply 3 approaches
VR, IA, MSR
K cases:
1. Determine if a CoL clause applies. If so, then apply if valid and enforceable
2. If not, then i) state that there is no enforceable CoL clause, ii) apply 3 approaches, iii) default: VR
other cases: State and apply VR, IA, MSR. default: VR

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5
Q

Answering a CoL bar exam questions

D. Recognition of foreign judgments

A
  1. Judgment of sister state courts (note FF&C, check for applicable exceptions)
  2. Judgment of federal courts (note statutory equivalent of FF&C, check for applicability of exceptions)
  3. Foreign country judgments (state law governs, note & apply concept of comity, note and apply the Uniform Foreign Money-Judgments Recognition Act
  4. Family law judgments & decree (divorce, property & alimony, child custody
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