Conflict of Law

Question 1

What is the Two Step Analysis?

Answer 1

Step 1: Are the 3 FF&C Requirements Satisfied

Step 2: Any Good Defenses to FF&C

Question 2

What are the 3 FF&C Requirements? JUMEFI

Answer 2

valid JUrisdiction
on the MErits
must be FInal

Question 3

What are the 2 good defenses to FF&C?

PJ +XF

Answer 3

Penal Judgment-punishes
Extrinsic Fraud
Mnemonic-Having the X men as Friends is better than eating a PJ (peanut butter and jelly sandwich)

Question 4

What are the 4 bad defenses to FF&C?

TJ takes AIM

Answer 4

Tax Judgment
Action violates public policy (irrelevant)
Inconsistent Judgment
Mistakes of fact/law

Question 5

What are the 2 requirements for Comity for Foreign Country Judgments to ensure proper due process or fairness? Mnemonic: Only a FAIRy eats Pepper Jack cheese

Answer 5

Pepper Jack cheese=Proper Jx (minimum contacts analysis)

FAIRy=Fair procedures used during earlier litigation

Question 6

What are the 3 types of family law judgments?

Mnemonic: ACDC got a lot of awards and so they SMiled and Played Joyfully

Answer 6

AC=Alimony & Child Support Award (PJ over spouse with property rights)
D=Divorce Decree (SMJ-Subject matter jurisdiction)+1 spouse domiciled
C=Child Custody=Jx child’s home state

Question 7

What are 2 types of domicile? Mnemonic

Docile COw

Answer 7

Domicile by Choice

Domicile by Operation of Law

Question 8

What are the 2 requirements for Domicile by Choice? Mnemonic Think of DC as in Washington DC has a lot of investigators or PIs who like to be physically fit (lifting dumbels) and living in Tents

Answer 8

DC-Domicile by Choice
P=Physical Presence
I=InTENT

Question 9

What are the 2 examples of those who are domiciled by operation of law? Mnemonic: A doctor Operates on a Mentally Retarded Infant or a retarded child

Answer 9

Operates=Operation of law
I=Infant, domiciled with parents, if divorce, custodial
Mentally Incompetent-Parents