Conflict of Laws

Question 1

What are the requirements for full faith and credit?

Answer 1

• Jurisdiction (PJ & SMJ in the rendering court)
• On the merits
• Final

Question 2

When is there an exception to jurisdiction requirement of full faith and credit?

Answer 2

When the issue of jurisdiction has been fully and fairly litigated (this entitles the issue of jurisdiction itself to full faith and credit).

Question 3

What judgments are not considered “on the merits” for the purposes of granting full faith and credit?

Answer 3

Dismissals based on. . .

• Lack of PJ or SMJ
• Misjoinder
• Improper venue
• Failure to state a claim (if with prejudice)

Question 4

What are the valid defenses to full faith and credit recognition?

Answer 4

• Penal judgments
• Judgments obtained by extrinsic fraud

Question 5

Are default and consent judgments considered on the merits?

Answer 5

Yes. A default judgment treats all factual contentions as admitted and is therefore considered “on the merits” for the purposes of full faith and credit recognition. A consent judgment entered into after settlement is also “on the merits” for recognition.

Question 6

What law is used to determine the requirements for full faith and credit recognition?

Answer 6

The rendering state law. Note that the law of the enforcing state governs the method of enforcement.

Question 7

When is marriage recognized?

Answer 7

A marriage which is valid in the state in which it formed will be valid elsewhere unless it violates a strong public policy of the state with the most significant relationship to the spouses and the marriage. Public policy issues can include incest or polygamy, but do not include blood test or marriage license requirements, nor common law marriage.

Question 8

What is considered for recognition of judgments from courts in foreign countries?

Answer 8

• Jurisdiction (even if already litigated)
• Procedural fairness

Question 9

What are the principal choice of law analytical approaches?

Answer 9

• Vested Rights
• Most Significant Relationship
• Interest Analysis

Question 10

Which state law governs premarital agreements?

Answer 10

• Some states say the law of the state where the contract was executed
• Some states say the law of the state which has the most significant relationship to the parties and transaction

Question 11

What is the Klaxon doctrine?

Answer 11

A federal district court sitting in diversity must apply the choice of law approach prevailing in the state in which it sits.

Question 12

What is the choice of law upon a change of venue?

Answer 12

A court can transfer a case to any district court in which it could have been brought if (i) convenience, and (ii) the interest of justice, favor the transfer.

• If the original court was a proper forum, the transferee court must apply laws of transferor (including state choice of law rules)
• If the original court was an improper forum, the transferee court should apply its own law

Question 13

Is a statute of limitations considered procedural or substantive?

Answer 13

A statute of limitations is generally considered procedural. Courts will generally apply their own procedural laws even if they apply another state’s substantive laws. However, there are exceptions to the use of this principal for statutes of limitations:

• When a state has a borrowing statute indicating that the other state’s statute should be used in certain cases
• When a statute of limitations is to a particular type of claim and was created by the law that created the cause of action to which it applies, it is considered substantive (this is usually only to limit cases, not to extend them)
• Some states will use an interest analysis to resolve choice of law issues, including as related to the statute of limitations

Question 14

What will the choice of law be when a contract contains a choice of law clause?

Answer 14

Generally the law outlined in a choice of law clause will apply in a contracts case unless (1) the chosen state has no substantial relationship to the parties or transaction and there is no other reasonable basis for the choice; or (2) application of the chosen law would be contrary to a fundamental policy of a state with a materially greater interest than the chosen state.

Question 15

How is choice of law decided in a corporation claim?

Answer 15

• For existence, structure, and internal matters, the law of the state of incorporation
• For external matters and liabilities, the state with the most significant relationship

Question 16

What is the choice of law for a tort claim?

Answer 16

The state with the most significant relationship, as determined by. . .

• Where the injury occurred
• Where the conduct causing the injury occurred
• The domicile, residence, and nationality of parties
• The place where the relationship between the parties is centered

Question 17

What is the choice of law for real property cases?

Answer 17

Generally the law of the situs is used for land, which is the law where the land is located. Sometimes, a dispute regarding real property will be seen as a contract dispute, and the court will look to the state with the most significant relationship to the property.

Question 18

What choice of law is used to determine whether a will is valid?

Answer 18

• At common law, the state where the testator was domiciled at death
• Under the Uniform Probate Code, a will is valid if it complies either with the law of the state in which the testator was domiciled in at death, or the law of the state in which the testator was domiciled when signing the will

Question 19

What law is the postmortem distribution of personal property governed by?

Answer 19

The law of the state where the decedent was domiciled at the time of death.

Question 20

What law is postmortem distribution of real property governed by?

Answer 20

The law of the place where the property is located.

Question 21

What law is entitlement to inheritance determined by?

Answer 21

The law of the intestate’s domicile at death, except for as to real property.