Conflict of Laws Flashcards
1
Q
THRESHOLD QUESTIONS: 3 Main Problems Areas in Full Faith and Credit State Judgments
A
- Have the full faith and credit** **requirements been met?
- Are there any defenses to full faith and fredit?
- What are the effects of reocgnizing a sister state judgment, and who will be bound by it?
2
Q
FULL FAITH AND CREDIT: Requirements
A
_REQUIREMENTS for Full Faith and Credit _
- Jurisdiction must have been proper in the rendering state court
- “One Attack”: Jurisdiction can only be attacked once—either in the rendering ct proceeding or in the recognizing court proceeding.
- E.g. fully litigated + res judicata –> gets FF&C even if erroneous
-
Judgment must be on the Merits
- Default Judgment Facter Pattern (also Consent jdmts)
- Not on merits: SOL runs out, lack of jd over ∆, π lacks capacity to birng suit, misjoinder of parties or COA, improper venue
-
Judgment Must be Final
- If On appeal → Not Final
- Modifiable → Not Final (modifying future alimony payments)
Note: Evaluate All 3 Requirements According to Rendering state law
E.g.: P gets jdgmt a/gst D in L.A., and seeks enforcement a/gst D in N.Y. Jurisdiction proper under L.A. Law, but would not be proper under N.Y. Law.
3
Q
MATTERS OF PROCEDURE: What Governs?
A
Matters of Procedure are Governed by the Forum’s “SUPERB” law
- S Service of Process (SAD MIC)
- U Issues of Untimely Claims (SOL), but where the claim arose outside of NY, and the Π is a non-domiciliary –> NY cCs borrow the SOL of the state where the COA arose, if it’s shorter than NY’s SOL.
- **P **Rules of Pleadings
- E Rules of Evidence
- R Provisional Remedies (LIAR)
- B Burdens of Proof
4
Q
RESOLVING A CONTRACT DISPUTE
A
You must “SPEND” to resolve a Conflict of Laws in a Contract Dispute
- **S **The state where the Subject Matter of the K is located
- P The state where the K is to be Preformed
- E The state where the K was _Executed _
- N The state where the K was Negotiated
- D The Domiciles of the Contracting Parties
