Conflict Of Law Flashcards
Conditions for recognition of judgement
Judgment rendered by ct in rendering jurisdiction
Party wants judgment recognized by ct in recognizing jurisdiction
Recognition judgment analysis
Was rendering jurisdiction a sister state or foreign country
Is judgment entitled to full faith and credit or comity
Sister state two part analysis
If Full Faith and Credit
If valid defense
Full faith and credit requirements
Jurisdiction ( both personal and subject matter)= look for default judgment to keep judgment out
Exception: cannot challenge jurisdiction if fully and fairly litigated
On merits
SoL not on merits
Misjoinder and improper venue not on the merits
Failure to state a claim ( not on the merits sometimes)
Dismiss with prejudice = on merits
Default judgment on merits , bc all allegations taken as admitted
Consent judgment on the merits
Judgment must be final
Family law = modifiable divorce decree
Past due payments are final
Future payments are not final
Look to law of rendering state to see if 3 requirements satisfied
Valid defenses - sister state
Valid
Penal judgments are not enforced
Judgment that punishes offense against public , state is P
Exception: final tax judgment
Juudgment based on extrinsic fraud not enforced
Fraud that could not be corrected during proceedings
Judge accepted a bribe
Perjury is intrinsic fraud
Invalid defenses
Public policy
Misapplication of law
= applicable
Foreign county recognition of judgment
Is comity ?
Did ct have jurisdiction
Were the foreign ct procedures fair
Questions to decide if Choice of law question
Two conditions
The lawsuit involves factual connections with multiple states
States have different laws leading to different results
Core question is which which state law govern
Answer: governing law is law selected by forum ct under its choice of law approach
Choice of law exceptions - don’t apply
In diversity
Fed ct applies choice of law approach of state in which it sits
In case transferred in fed system, applies choice of law approach of original transferor ct
Transferred from Proper venue = choice of law of original transferor ct
Transferred from Improper venue= choice of law of ct transferred to
Restrictions on choice of Law
Constitution
State law chosen that has no significant contact with and/or legitimate interest in litigation
Statutory
Use statute of forum state if it dictates choice of law
Structure of choice of law answer
Describe choice of law … will use X choice of law
Describe choice of law approach
Vested rights approach
Most significant relationship
Interest
Apply choice of law approach
Vested rights first amendment
Stock language for Para 2
Law of state mandated by applicable vesting rule
Selected according to relevant substantive area of law
Para 3 of analysis
Sentence 1: categorize substantive area of law
Sen 2: state applicable vesting rule
Sent 3: you apply vesting rule to determine governing law
sent 4: apply the governing law to determine result
Interest approach
Stock language for para 2
Legitimate interest in the outcome of the litigation
Forum apply own law as loong as has legitimate interest
No interest= apply law of another interested
Para 3 analysis
Step 1: which state have legitimate interest
Step 2: characterize type of conflict
False conflict = 1 state legit interest
True conflict= 2+ legit interest
Step3: governing law
False conflict = apply interested
True conflict=if forum interested, apply forum law
Step 4: apply governing law
Most significant relationship ( second restatement)
Stock language for para 2
Apply law of state which is most significantly related to outcome of litigation
Determined by ct considering connecting facts and policy principles
Para 3 analyis
Discuss connecting facts
What happened where
Discuss policy pronciples
Who has interested why
Choose governing law based on most significant relationship
Torts - approaches
Vesting rule
Governing law is law where injury occurred
Most significat relationship -2nd restatement
Factiual
Injury
Conduct causing injury
Where parties at home
Where relationship centered
Policy principal
Relevant of forum state
Relevant of other connected states
Presumption where choice of injury
Exception: rule at issue is loss distribution rule
Loss limitations
Vicarious libility
Immunity rules eliminating liability
1. If loss distribution look to see if 2. parties share common domicile
If both satisfied apply law of common domicile
Contracts
Threshold issue for K
Is there an enforceable choice of law provision
Enforced if valid and express
Displaces regular choice of law analysis
Reasons to find invalid
No reasonable relationship to the K
Included w/o mutual assent
Vesting Rule
Formation - apply law of place where K was executed
Capacity
K formalities
Consideration
Performance- apply law of place where K to be preformed
Time place manner of performance
Excuses for nonperformance
Most significat relationship - 2nd restatement
Factual
Place of contracting
Place of negotiation
Place of performance
Where the parties are at home
Policy
Policy of forum
Policies of other connected
Reasonable expectations of the parties
