Conflict of Laws Flashcards
general rule
-rendering state definition
-recognizing state definition
rendering State = State handing down judgment
recognized state = state called upon to recognize and enforce the judgment
-judgments either form Sister State or Foreign County
Sister State judgments
is the judgment entitled to Full Faith & Credit (FF&C)?
*if NO -> deny recognition (2 step analysis)
Step 1: are the 3 FF&C requirements below satisfied?
(1); (2); (3)
(1) rendering state must have had valid jurisdiction over both parties and subject matter
–NOTE: Jurisdiction can be attacked ONCE - either in rendering OR recognizing state court proceeding
Are the requirements satisfied (2)
(2) Must be on the merits (includes default & consent judgment)
Are the requirements satisfied (3)
(3) Must be final. If modifiable (eg. order for future alimony/child support), no FF&C, but usually enforced under comity
Step 2: Any Good Defenses to FF&C?
GOOD Defenses:
(1) Judgment is penal (one which punishes “an offense against the public”). P is the state, not a private person
(2) Judgment procured by extrinsic fraud (i.e. fraud that couldn’t be dealt with during earlier trial, such as bribing judge)
Step 2: What are BAD Defenses to FF&C?
BAD Defenses:
(1) Tax Judgment
(2) Action based on cause of action that violates public policy of recognizing state (irrelevant)
(3) Mistakes of fact or law were made (should have been handled or appealed within rendering court system)
(4) Inconsistent judgments (later judgment enforceable even if inconsistent with earlier judgment)
*federal and state courts: federal and state courts are required to recognize judgments from the other
Foreign Country Judgments:
-general
-fairness standards: (1); (2)
-generally recognized (given Comity) on same grounds as sister state judgments. BUT, recognizing court determines whether State’s due process/”fairness” standards are satisfied in terms of:
(1) Whether jurisdiction was proper (min. contacts analysis); and
(2) Whether “fair” procedures used during the earlier foreign litigation
Special Issues of Family Law Judgments:
-general
(1) divorce decree
(2) alimony & child support awards
(3) child custody awards
-recognition and enforcement of family law judgments involves consideration of jurisdiction (SMJ and Personal Jurisdiction). 3 types of judgments:
(1) divorce decree: requirements: proper subject matter jurisdiction and at least 1 of the 2 spouses domiciled where divorce granted
(2) Alimony & Child Support Awards: requirements: Court granting must have personal jurisdiction over spouse whose property rights are affected
(3) child custody awards: only child’s home state has jurisdiction
Domicile:
-domicile by choice <-
-domicile by operation of law
domicile by choice: acquired by someone with “domicile capacity” (ie. the ability to fend for oneself). 2 Requirements:
(1) physical presence in a place (even for a short time, if intent is clear); and
(2) Intent to be domiciled in that place (regardless of motive)
*Note: if multiple residences, the principal one is domicile
*Note: One’s domicile retained until 2 part test is perfected elsewhere
Domicile: Domicile by Operation of Law
A domicile assigned to one who lacks “domicile capacity”:
(1) Infants get domicile of parents. If parents divorced/separated, get domicile of the custodial parent
(2) Mentally incompetent person gets domicile of parents. If became incompetent after selecting a domicile by choice, then they retain that domicile.
Choice of Law: Generally:
-If litigation involves multiple states that have “conflicting laws” with “conflicting results”, which state’s law governs?
The law is selected by a forum court using its choice of law approach (subject to constitutional and statutory limitations)
Constitutional and Statutory limitations
(1) Constitutional Limitations: State must have some significant contact(s) with and/or legit interest in litigation. (Almost always satisfied). *No weighing of states’ interests is needed.
Constitutional and Statutory limitations
(2) Statutory Limitations: State or fed statutes direct the court what it must or cant apply (eg. borrowing SOL, fed patent law, etc.)
Erie Doctrine
in Fed diversity cases, the court must apply substantive law of the state where the court is located, including conflicts rules. If transferred from other district, the Court applies the rules of the transferor state.
Depecage
The process of applying the law of different states to decide different issues.
-The Court assumes a case is to be governed by the law of the forum state unless a party timely invokes the law of a foreign state and establishes that foreign law should apply.
Renvoi
-Provides that the forum may apply the state’s internal law and its conflicts rule if it doesn’t like the foreign law to be applied
generally rejected, but may be applied in cases concerning
(1) the validity of a marriage; (2) the status of a parent’s kinship with a child; and (3) dispositions of interests in land.
proof of foreign law
-traditional: law of any other state is treated as fact, not law. Law would need to be pleaded and proved.
-modern: Most states take judicial notice of sister state and Federal law.
*Treatment of foreign law is divided among states, but generally a matter for the Court not the jury.
Choice of Law Approaches:
-Traditional Vested Rights Approach
For each substantive law area, there are “vesting” rules re: where Plaintiff’s rights vest. “Fact based” rules that determine which state’s law will govern.
Traditional Vested Rights Approach:
-Where do rights vest?
(i) Torts: the place of injury (not the place of negligence);
(ii) Contracts: the place of contract formation;
(iii) Real Property: situs of the land
Most Significant Relationship Approach
The Court applies the law of the state most significantly related to the outcome of litigation. The Court considers:
(a) the connecting facts in the case; and
(b) certain policy-oriented principles.
(a very fact intensive approach)
Interest Analysis (Governmental Interest) Approach
-general rule: the Court applies its own law so long as it has legit interest in the outcome of litigation.
-But, if a true conflict between different state laws, the Court seeks to ID which state has the greatest interest in application of its law.
*Note: the Interest Analysis Approach does not vary depending on the area of law.
Possible Outcomes of the Interest Analysis:
(1)
(2)
(3)
(4)
(1) False Conflict: If only one state has interest in applying its laws, then apply that state’s law.
(2) True Conflict: Both states have an interest in applying their laws. If the forum state has a legit interest in the outcome of litigation, it will apply its own law. *Note: Almost always apply the forum law in true conflict cases bc the forum almost always has a legit interest in the outcome.
(3) Disinterested Forum: The forum state has no legit interest, but 2 or more other states do. The forum state may either: (i) apply the law it deems “better”; or (ii) apply the law closest to the law of the forum
(4) No state has a Legit Interest: Apply the law of the forum state
The Better Rule Approach (increasing acceptance of this approach)
Courts apply the best substantive rule. Courts will consider:
(i) predictability; (ii) maintenance of interstate and international order; (iii) simplicity of judicial task; (iv) the government’s interest; and (v) the application of a better rule of law.
