Conflict Of Laws

Question 1

Full faith and credit requirements

Answer 1

1. Proper jurisdiction
2. Final judgment
3. On merits

Question 2

Full faith and credit method

Answer 2

1. Requirements met?
2. Defenses?
3. What are effects of recognizing sister state judgment

Question 3

Full faith and credit defenses

Answer 3

1. Penal judgment

2. Subject to equitable defense in rendering state

Question 4

Res judicata effectd

Answer 4

1. Merger of plaintiffs cause of action
2. Bar against plaintiff suing on same cause of action
3. Collateral estoppel as to an issue resolved in first litigation

Question 5

Recognition of foreign judgments

Answer 5

1. Comity
   A. Foreign court had jurisdiction
   B. Fair procedures were used

Question 6

Choice of law approaches

Answer 6

1. Vested rights
2. Most significant relationship
3. Interest analysis

Question 7

Vested rights approach (restatement 1)

Answer 7

1. Characterize area of substantive law
2. Determine particular choice of law rule
3. Localize law to be applied

Question 8

Most significant relationship

Answer 8

1. Consider connecting facts
2. Consider policy oriented principles
   A. Needs of interstate systems
   B. Relevant policies of forum
   C. Policies and interests if other jurisdictions
   D. Expectations of parties
   E. Basic policies underlying substantive law
   F. Predictability and uniformity of result
   G. Ease of determining foreign law

Question 9

Interest analysis

Answer 9

1. Assume forum will apply own law unless requested to apply other
2. If requested to apply another- check for false conflict
3. If false conflict apply law of interested state
4. If true conflict forum reconsiders policies
5. If forum has no interest in applying own law it should dismiss case if forum non conveniens is available,
6. If FNC not available apply interested state’s law or law of state that closely resembles its own law
7. If no interested state -> law of forum

Question 10

Tort Conflict approach

Answer 10

1. 1st restatement- place of injury
2. 2nd restatement -
   A. place of injury, place of cause if injury, places of parties
   B. Policy principles

Question 11

Contract conflict approach

Answer 11

1. Express choice of law
2. RS1- place where contract made or performed
3. RS2- place of contracting, negotiation, and performance, contract subject matter, place of parties
   + policy principles

Sometimes law of situs

Question 12

Property contract approach

Answer 12

Law of situs

Question 13

Family law

Answer 13

1. Place of marriage or domicile of parties

Question 14

Corps

Answer 14

Place of incorp