Conflict of Law

Question 1

When is the judgment of the sister state enforced?

Answer 1

1. Requirements of Full Faith and Credit are satisfied; and
2. no valid defenses

Question 2

When is the judgment of a foreign country enforced?

Answer 2

When foreign judgment is entitled to comity

Question 3

is the analysis between 2 state courts and federal v. state court different?

Answer 3

No. they are the same

Question 4

What are the 3 requirements of Full Faith and Credit?

Answer 4

1. Jurisdiction (personal and SMJ)
   
   • if defendant appeared and waived the defense, he cannot challenge it again
2. Judgment must be on the merits
   
   • SOL or Jursdxn dismissals are not on merits
3. final judgment

Question 5

Is dismissal on 12(6)(b) motion (failure to state a claim) is on the merits so that it will satisfy Full Faith and Credit clause?

Answer 5

Depends whether it was dismissed with or without prejudice

Question 6

Does default judgment satisfy “the judgment on the merits” element to be enforced under the Full Faith and Credit clause?

Answer 6

Yes. But they must also satisfy jurisdictional requirements (court lacked jurisdiction)

Question 7

Laura sues George for divorce in PA, and court awards $1000 in modifiable alimony payments. George moves to CA and Laura files a suit in CA seeking to have PA decree recognized and enforced.
What result?

Answer 7

The court may enforce past payments
But cannot enforce or modify future payments, because the order is modifiable by PA court.

Question 8

What are valid defenses to Full Faith and Credit Clause?

Answer 8

1. Penal Judgments are not enforced
2. Extrinsic fraud

Question 9

What is a penal judgment?

Answer 9

A judgment that punishes an offense against the public (Plt is usually the state)
- EXCEPT tax judgments
- Punitive damages are immaterial

Question 10

What is a extrinsic fraud?

Answer 10

Fraud that could not have been dealt that that time (bribed judge)

Question 11

What are the 4 defenses to the Full Faith and Credit Clause that do not work?

Answer 11

1. A cause of action of the judgment violates this court’s public policy
2. Outcome determinative and clear mistake of law
3. Inconsistent judgment (later judgment can prevail).

Question 12

2 inquiries that the court may before inforcing foreign judgments (comity)

Answer 12

1. whether jurisdiction was proper
2. whether the procedures were fair

Question 13

What determines what law governs?

Answer 13

Law selected by forum court under its choice of law approach

Question 14

Is there a federal choice of law approach?

Answer 14

No. Federal courts will look to its state’s choice of law rules
Choice of law is substantive for purposes of Erie.

Question 15

If the case is transferred to a different State, what law applies?

Answer 15

Depends. The choice of law rule of the original court (unless it lacked jurisdiction)

Question 16

What is the Const. restriction on the choice of law?

Answer 16

Good, unless no significant contact or legitimate interest

Question 17

What arethe 3 types of types of choice of law approaches? V

Answer 17

1. Vested Rights approach/ First Restatement
2. Interest Analysis
3. Most Significant Relationship approach

Question 18

What is the Most Significant Relationship approach?

Answer 18

Step1. Discuss which states have legitimate interests
Step2. False conflict or True conflict
Step3. choose the law that applies
- if forum state has legitimate interest, it will apply its law

Question 19

What is a borrowing statute?

Answer 19

a statute that tells the court to apply shorter SoL.

Question 20

What are the two exceptions to applying its own SoL?

Answer 20

1. borrowing statute
2. limitations that condition a substantive right
   
   • i.e. if the statute creates a right to recover but also puts a limitation, the limitation must be used.