Conflict of Laws

Question 1

Full Faith and Credit

Answer 1

Under the U.S. Constitution, state courts are required to give full faith and credit to valid judgments of other states. State courts are likewise required to treat federal judgments as those judgments would be treated by the federal courts. The issues decided in one court cannot be re-litigated in another, and the state in which enforcement is sough must honor the judgment of the federal court. Therefore, a party against whom enforcement of a judgment is sought may collaterally challenge the original state judgment based on lack subject matter jurisdiction only if the jurisdictional issues were not litigated or waived in the original action.

Question 2

Wills

Answer 2

At common law, the validity of a will is determined under the law of the state where the testator was domiciled at the time of his death. Under the UPC, validity is determined under the law of the place where (i) the will was executed, or (ii) the testator is domiciled, has a place of abode, or is a national at the time of death.

Question 3

Most Significant Relationship Approach

Answer 3

The court must determine which state has the most significant relationship to the issue in question. In making this determination, the court should strive to promote the relevant policies of the forum and other interested states, advance systemic interests such as certainty, uniformity, predictability, and simplicity, and protect justified expectations of the parties.