7. Conflict of Laws Flashcards
What are the three requirements of full faith and credit?
- Issuing state had proper jurisdiction
- PJ
- SMJ
- Exception = when jurisdiction has be FULLY and FAIRLY litigated in the previous case - Judgment on merits
- dismissals with prejudice
- default judgments
- consent judgments
- NOT statute of limitations, lack of PJ, improper venue - Finality
When is a judgment from a sister state still not enforceable despite full faith and credit?
- Penal Judgments
- When the State sues the defendant for an offense against the public - Extrinsic Fraud
- judgment was rendered due to fraud outside of control of court
These are the ONLY DEFENSES. Don’t get tricked by a public policy argument
What is the general rule and exceptions for a choice of law problem between two states?
The choice of law rules of the forum state govern
Exceptions
- A federal diversity case applies the state choice of law rules in the state it sits
- BUT if transferred venue from a PROPER venue, use transferor court’s state
What are the three choice of law approaches?
- Vested Rights
- Interest Analysis
- Most Significant Relationship
What is the vested rights approach to choice of law?
The substantive area of law determines rule:
- Torts = location of injury
- Contracts = location of execution or performance (depending which is at issue)
What is the Interest Analysis approach to choice of law?
Which states have the most legitimate interest in the outcome?
- If forum state has legitimate interest - wins
- if forum state does not - find other state with legitimate interest
What is the most significant relationship approach to choice of law?
Which state has the most significant relationship with the case?
Approach:
- Identify the facts of the case (parties and actions)
- Discuss policy principles
- Choose governing law based on policy principles
