Conflict of Laws

Question 1

Requirements for full faith and credit

Answer 1

• jurisdiction (PJ and SMJ)
  
  • except when the issue of jurisdiction has been fully and fairly litigated
• on the merits
• finality

Question 2

defenses to full faith and credit

Answer 2

• penal judgment (punishes an offense against the public)
• extrinsic fraud (could not be corrected during regular course of proceedings leading to the judgment)

Question 3

What seem like defenses to full faith and credit but are not?

Answer 3

• public policy
• mistake

Question 4

comity in foreign judgments

Answer 4

• jurisdiction (even if the issue of jurisdiction has already been litigated)
• fairness of the procedures

Question 5

What are the three choice of law approaches?

Answer 5

• vested rights (first restatement)
• interest analysis
• most significant relationship (second restatement

Question 6

stock language for vested rights approach

Answer 6

“Under this approach, the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive are of law.”

Question 7

stock language for the interest analysis approach

Answer 7

“Under this approach the court will consider which states have a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum state has no legitimate interest, it will apply the law of another interested state.”

Question 8

what are the two types of conflict in the interest analysis approach?

Answer 8

• false conflict (when only one state has a legitimate interest - apply law of interested state)
• true conflict (two or more states have a legitimate interest - apply law of forum state)

Question 9

stock language for most significant relationship approach

Answer 9

“Under this approach the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.”

Question 10

What are the rules or considerations in a torts case?

Answer 10

• vesting rule: governing law is where the injury occurred
• factual connections: place of injury, place of conduct causing injury, where parties are at home, where the relationship is centered
• policy principles: the relevant policies of the forum and connecting states
• governing law will almost always be the law of the place of injury, except:
  
  • rule at issue is a loss distribution rule and parties share a common domicile

Question 11

What are the rules or considerations in a contracts case?

Answer 11

• choice of law provision will be enforced if valid and express
  
  • invalid if law selected has no reasonable relationship to the contract or provision was included without true mutual consent
• vesting rules:
  
  • if about formation, apply the law of the place of contracting
  • if about performance, apply the law of the place of performance
• factual considerations: place of contracting, place of negotiation, place of performance, place where parties are at home
• policy principles: policies of forum and connected states and reasonable expectations of the parties

Question 12

What are the rules or considerations in a property case?

Answer 12

• immovable property = law of the situs
• personal property =
  
  • inter vivos transaction - law of the situs at time of transaction
  • inheritance - law of the decedent’s domicile at date of death

Question 13

What are the rules or considerations in a family law case?

Answer 13

• if a marriage is valid where performed, it will be recognized as valid everywhere
  
  • exception: temporary relocation for marriage when marriage violates a prohibitory rule in home state (unless the rule is unconstitutional)
• forum will apply its own divorce laws
• legitimacy rules
  
  • legitimacy of a child governed by the law of the mother’s domicile at the time of child’s birth
  • validity of subsequent acts of legitimation concerning paternity are governed by the law of the father’s domicile

Question 14

defenses to choice of law

Answer 14

• public policy (note difference with full faith and credit)
• procedural rules (will apply its own procedural rules)
  
  • statutes of limitations (not procedural for Erie but procedural for choice of law)
    
    • exceptions:
      
      • borrowing statutes
      • if foreign statute includes substantive right, then apply entire statute (i.e. wrongful death statute with 1-year SOL)