COL Approaches and Foreign Judgments

Question 1

Name the three COL approaches:

Answer 1

Vested Rights Approach (1st R)
Most Significant Relationship Approach (2nd R)
Governmental Interest Approach

Question 2

What is the legal effect on COL analysis if a federal court is sitting in diversity jurisdiction over non-federal claims?

Answer 2

Fd Ct must apply the COL approach of the state in which it sits

Question 3

Under the First Restatement and Second Restatement approaches, when can a court decline to exercise the law of another state?

Answer 3

Procedural, rather than substantive
Against public policy
Penal Laws

Question 4

When will a court recognize the judgment of another nation?

Answer 4

They may be voluntarily recognized on comity principals (i.e., voluntary recognition).

Question 5

What factors will a court weigh in deciding whether to recognize the judgment of another nation?

Answer 5

Did the foreign court have jx?

Were fair procedures used in adjudicating the case?