Conflict of Laws

Question 1

Sister State Judgment Analysis

Answer 1

1. Are the requirements of Full Faith and Credit Satisfied?
   (a) SMJ + PJ Jurisdiction; (b) Merits; and (c) Finality.
2. Are there any valid defenses to full faith and credit?
   (a) penal judgments; or (b) extrinsic fraud

Question 2

Foreign Judgment Analysis

Answer 2

Under principals of comity, a recognizing court will exercise discretion to decide whether the foreign judgment should be recognized.

Question 3

Vested Rights Approach (First Restatement)

Answer 3

Under this approach, the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.

Torts —>
Injury

Contracts —>
K formation = state of execution
K performance = state of performance

Property  ---> 
Real Property = where located
Personal Property (inter vivos) = where located at time of transaction
Personal Property (inheritance) = decedent's domicile at date of death 

Family Law —>
Marriage = valid everywhere
Divorce = form applies its own divorce laws
Legitimacy = mother’s domicile at time of birth/acts of legit father’s domicile..

Question 4

Interest Analysis

Answer 4

Under this approach, the court will consider which states have a legitimate interest in the outcome of litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum state has not legitimate interest, it will apply the law of another interested state.

Question 5

Most Significant Relationship (Second Restatement)

Answer 5

Under this approach, the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.