Conflict of Laws

Question 1

Full Faith & Credit Requirements for Recognition of Foreign Judgments

Answer 1

(1) there must have been proper jurisdiction in the rendering court, (2) the judgment must have been on the merits, and (3) the judgment must be final.

Question 2

Vested Rights Approach

Answer 2

Characterize the area of law, determine particular choice of law rule, and localize the rule to be applied.

Question 3

Significant Relationship (2nd Restatement) Approach

Answer 3

Consider the connecting facts and determine whether the policy-oriented principles should be considered.

Question 4

Interest Analysis

Answer 4

First, assume the forum will apply its own law. If the forum doesn’t have any interest in the litigation, it’s a “false conflict” and the forum will apply the law of another state. If there is an interest, “true conflict”, the forum will reconsider its own policies.

This approach doesn’t vary based on the substantive area of law.