Big Picture Questions

Question 1

Full Faith and Credit Analysis

Answer 1

1. Did the rendering court have jurisdiction over the matter and parties? No - judgment not entitled to full faith and credit.
2. Is the judgment on the merits? No - judgment not entitled to full faith and credit.
3. Is the judgment final? No - judgment not entitled to full faith and credit.
4. Are there any defenses to full faith and credit (penal, obtained through extrinsic fruad)? Yes - judgment not entitled to full faith and credit.

Question 2

Domicile Analysis

Answer 2

1. Is the person a minor? If yes then domicile of parents applies.
2. Does person lack capacity to choose domicile? Yes - Domicile by operation of law (parents) or former domicile applies.
3. Is person present in the location with intent to remain indefinitely? If yes -> Domicile by choice.
   * If no -> Former Domicile applies.

Question 3

Vested Rights (First Restatement)

Answer 3

1. Characterize area of substantive law.
2. Determine particular choice of law rule.
3. Localize the rule to be applied.

NOTE: This approach differs according to the substantive law area.

Question 4

Most Significant Relationship (Restatement Second)

Answer 4

1. Consider the connecting facts (the specific contacts with each jurisdiction).
2. Consider the policy-oriented principles:

• Needs of interstate systems;
• Relevant policies of forum;
• Policies and interests of other jurisdictions;
• Expecatations of parties;
• Basic Policies underlying substantive law;
• Predicitibility and uniformity of result;
• Ease of determination of foreign law.

Question 5

Interest Analysis

Answer 5

1. Assume the forum will apply its own law, unless requested to apply another.
2. If it is requested to apply another state’s law, check for false conflict (forum has no interest);
3. If false conflict, apply the law of interested state;
4. If true conflict, the forum reconsideres its policies.
5. If forum has no interest in applying its own law. it should dismiss the case if forum non conveniens is available; if not, it may apply interested state’s law or apply a law of the state that most resembles its own law.
6. If no intrested state, most couts apply law of forum.

Question 6

Contract Rules for Choice of Law

Answer 6

Vested Rights (First RST):

• If validity problem then apply place of making.
• If performance problem apply place of performance.

Most Signficant Relationship (Second RST) - Connecting facts include:

• Contracting
• Negotiation
• Performance
• Location of subject matter
• Domicile, residence, nationality, incorporation and business of parties.

Question 7

Tort Rules fo Choice of Law

Answer 7

Vested Rights:

• Place of wrong.

Substantial Relationship:

• Injury
• Conduct causing injury
• Residence and/or business of parties
• Center of parties’ relationship

Question 8

Property Rules for Choice of Law

Answer 8

Real Property:

• Situs for both approaches.

Personal Property:

• Testamentary property: Domicile of owner at death.
• Inter vivos: situs of property at time of relevant transaction.