Chapter 1: Conflict of Laws - Overview

Question 1

What’s encompassed by Conflict of Laws?

Answer 1

1. Choice of Law rules
2. Recognition and enforcement of one state’s judgment in another state
3. Application of state law in federal courts
4. Jurisdiction of a sovereign’s courts over persons

Question 2

How a Choice of Law problem arises

Answer 2

1. Plaintiff files suit in a state court with proper jurisdiction
2. Choice of law becomes relevant if a legal issue in the case potentially implicates the law of more than one state
3. Forum court looks to its own state’s choice of law rules to tell it which state’s substantive law should apply to resolve the legal issue

Question 3

Getting Oriented to Conflicts

Answer 3

• involves private law
• focus of analysis is primarily on the sovereigns’ power and interests
• states are co-equal
• sovereign is entitled to govern its own territory, but not to interfere with others
• most common considerations in choice of law theories are territory or state interests
• modern choice of law theories focus on government interests

Question 4

Premarital Agreements

Answer 4

• Divorce adjudication should settle all matters between the spouses
• some parts are still modifiable, but usually only by the court that adjudicated the matter in the first place
• to order a spouse to pay $$ or divide their property, a court must have personal jurisdiction over both spouses

Question 5

LICRA and UEJF v. Yahoo, Inc

Answer 5

• Took place in CA because of Yahoo’s headquarters
• Yahoo was having a Nazi sale, French people wanted it, got in trouble because it is against French law
• Yahoo said this is an international matter and they have disclaimer on site
• Holding: Yahoo is ordered to take all measures to dissuade the French

Question 6

Painting in Louisiana

Answer 6

• diversity case
• LA choice of law rule for movable property leads us to the conclusion that LA’s substantive law applies