Conflict of Laws Flashcards
In recognition of a foreign judgment, three problems can arise: (i) have the full _____ and _____ requirements been met? (ii) Are there any valid ________ against recognition? (iii) What are the _______ of recognition.
(i) full faith and credit; (ii) defenses; (iii) effects
To get full faith and credit, a foreign judgment must have had (i) proper _________, (ii) a judgment “__ the _____”, and (iii) the judgment must be ______.
(i) jurisdiction; (ii) on the merits; (iii) final
There are two strong defenses to the full faith and credit judgment recognition: (i) the judgment was _____ (like a civil fine); (ii) the judgment was subject to extrinsic _____, and therefore is inequitable.
(i) penal; (ii) fraud
Are judgments of federal administrative tribunals granted full faith and credit?
Yes
In a foreign (extra-US) judgment, the judgment will be recognized based on (i) _______, and recognition is at the (ii) _______ of the court. In assessing comity, the court will look at whether the foreign court had (iii) ______ and if the procedures used were (iv) _____.
(i) comity; (ii) discretion; (iii) jurisdiction; (iv) fair
For a divorce to be given full faith and credit, at least one spouse must be (i) ________ on the forum state
(i) domiciled
Alimony, property rights, and child custody must be settled by courts that have (i) _________ jurisdiction over both parties. In contrast, an (ii) __ _______ divorce can be granted unilaterally, if the plaintiff is sufficiently domiciled in that estate.
(i) personal; (ii) ex parte
Domicile may arise by choice or by operation of law. For domicile of choice, the individual must be (i) ________ present in the state, and have an (ii) _______ to be domiciled. Domicile by law is when an individual does not have the capacity to choose. For instance, a child’s domicile is that of her parents.
(i) physically; (ii) intention
There are three approaches in choice of law: (i) _____, (ii) ________, and (iii) most significant relationship (second restatement)
(i) vested; (ii) interest
The (i) _______ choice of law approach looks to where the events took place, and applies that substantive law.
(i) vested
The (i) _________- choice of law approach starts with he assumption that the forum will apply its own law, and then considers the various (ii) ______ of the states. If the forum state has no interest, it will apply the law of the second state. If there is a conflict, the forum state will apply its own law.
(i) interest; (ii) interests
In the (i) most _______ _______ approach from the Second Restatement, the court looks at multiple factors: (1) what are the needs of the system? (2) What are the relevant interests of the forum? (3) What are the interests of other jurisdictions? (4) What are the justified expectations of the parties? (5) Will one approach yield a better substantive outcome? (6) Will application of a given law make the system more predictable? (7) may the determination of a specific law be made with ease?
significant relationship
In contracts, if there is an express choice of law provision, it will apply, unless it is (i) contrary to _____ ______, (ii) there’s no _________ basis for the choice, or (iii) true _____ was not given.
(i) public policy; (ii) reasonable; (iii) consent
Under the vested approach, where the contract was (i) _____ concerns contract formation, where the contract was (ii) _______ controls on issues of breach.
(i) formed; (ii) performed
On personal property suits, look to the situs at the time of the relevant (i) _______, for both the First and Second approaches. Trusts are governed by the law where the trust is (ii) ________.
(i) transaction; (ii) administered
