Conflict of Laws Flashcards
Full Faith and Credit
- Proper jx
- Final w/o appeals
- on the merits
Exceptions to FFC
- Penal judgments (not taxes)
2. extrinsic fraud
Recognition of divorce judgments
Recognized if valid jx and at least one party is domiciled in the state
Vested rights approach
Abandoned in PA.
Where did the liable event take place?
Most significant relationship approach
assess state with most significant relationship, including:
- needs of interstate system
- relevant policies of forum
- policies of interested states
- party expectations
- policies of substantive areas of law
- certainty, predictability, and uniformity
- ease of future application
government interest approach
Presumption that forum applies own law, but can seek other state.
- If false conflict, forum law.
- If true conflict, interest analysis.
Pennsylvania approach
Hybrid of significant relationship test AND government interest.
Competing state laws and government interests key.
Enforceability of choice law clauses
- Contrary to public policy;
- No reasonable basis for parties’ choice; OR
- fraud or mistake
If no clause, 2R (most significant relationship) or governmental interest applies
Land contracts (2R)
law of the situs preferred
Personalty contracts (2R)
place of delivery preferred
Life insurance contracts (2R)
Place where insured is domiciled preferred
Casualty insurance contracts (2R)
Place of insured risk preferred
Loans (2R)
Place of repayment preferred
Suretyship contracts (2R)
Law governing principal obligation preferred
Transportation contracts (2R)
Law of place of departure preferred
