choice of law Flashcards
testing areas
regonizing an out of state judgment or choice of law
recognition of judgment
in state or foreign
in state: full faith and credit AND no defenses
foreign: entitlement to comity (factor balance)
sister state
- PJ and SMJ
- ruled on the merits
- lack of j, misjinder, venue, and failure to state a claim are not on the merits - final judgment
- on appeal doesnt count
to make this determination, use laws of the original (rendering)state
defenses to full faith and credit
penal judgment: punishments against the public
fraud
what is NOT a defesne to full faith and credit
public policy
mistake
foreign judgment
comity:
1. did FC have j
2. was determination fair?
three methods for choice of law
vested rights (first restatement) most significatn relationship (2nd restatement) interest analysis
vested rights
characterize the are of law
determine choice of law rule
localize rule to apply
forum will almost always apply its own law
sig relationship
consider factors of the sstate that has the most interest in the outcome of the case needs of interstate system relevant policies of forum poclices of other jurisdcition expectation of parties
interest analysis
assume forum applying its own law
- check for false conflict (other state has no interest)
- if other state has interst, see if forum has interest
- if forum has no interst, either dismiss or use other state law
- if no interest either way, use forum
`torts
- where injury occured
- place of injury, conduct causign injury, parties at home, where relationships are centered, then check for policies
- interest analysis is always the same
usually always the forum state UNLESS:
-loss distribution rule (viacarious laibiltylosslimt)
AND parties share a domicle
defense to choice of law
public policy (agaisnt forums public policy)
forum always uses its own procedural rules
