Conflict Of Laws Flashcards
1
Q
Full faith and credit requirements
A
- Proper jurisdiction
- Final judgment
- On merits
2
Q
Full faith and credit method
A
- Requirements met?
- Defenses?
- What are effects of recognizing sister state judgment
3
Q
Full faith and credit defenses
A
- Penal judgment
2. Subject to equitable defense in rendering state
4
Q
Res judicata effectd
A
- Merger of plaintiffs cause of action
- Bar against plaintiff suing on same cause of action
- Collateral estoppel as to an issue resolved in first litigation
5
Q
Recognition of foreign judgments
A
- Comity
A. Foreign court had jurisdiction
B. Fair procedures were used
6
Q
Choice of law approaches
A
- Vested rights
- Most significant relationship
- Interest analysis
7
Q
Vested rights approach (restatement 1)
A
- Characterize area of substantive law
- Determine particular choice of law rule
- Localize law to be applied
8
Q
Most significant relationship
A
- Consider connecting facts
- 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
9
Q
Interest analysis
A
- Assume forum will apply own law unless requested to apply other
- If requested to apply another- check for false conflict
- If false conflict apply law of interested state
- If true conflict forum reconsiders policies
- If forum has no interest in applying own law it should dismiss case if forum non conveniens is available,
- If FNC not available apply interested state’s law or law of state that closely resembles its own law
- If no interested state -> law of forum
10
Q
Tort Conflict approach
A
- 1st restatement- place of injury
- 2nd restatement -
A. place of injury, place of cause if injury, places of parties
B. Policy principles
11
Q
Contract conflict approach
A
- Express choice of law
- RS1- place where contract made or performed
- RS2- place of contracting, negotiation, and performance, contract subject matter, place of parties
+ policy principles
Sometimes law of situs
12
Q
Property contract approach
A
Law of situs
13
Q
Family law
A
- Place of marriage or domicile of parties
14
Q
Corps
A
Place of incorp