Conflict of Laws Flashcards
What choice of law rules does a federal court apply in diversity cases?
Priority: High
The Supreme Court has held that a federal court exercising diversity jurisdiction over non-federal claims must apply the choice -of-law rule of the state in which it sits.
What is the most significant relationship approach to choice of law?
Priority: High
Under the most significant relationship approach, the laws of the state with the MOST SIGNIFICANT RELATIONSHIP to the TRANSACTION AND THE PARTIES will govern the action. Courts consider various factors dependent on the type of action.
What factors are considered in a tort claim under the most significant relationship approach?
Priority: Medium
Courts will consider several contacts with the state, including (1) the place where the injury occurred, (2) the place where the conduct causing the injury occurred, (3) the domicile of the parties, and (4) the place where the relationship between the parties is centered.
In tort matters, the default rule is that the place of the injury controls, unless another state has a more significant relationship to the parties or to the occurence of the tort.
What is full faith and credit, and when does it apply to courts?
Priority: Low
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 sought must honor the judgment of a federal or state court.
When is a judgment entitled to full faith and credit?
Priority: Low
A judgment is entitled to full faith and credit when the rendering court had jurisdiction, the case was decided on the merits, and the judgment was final.
When is a question of jurisdiction entitled to full faith and credit?
Priority: Low
Questions of jurisdiction are entitled to full faith and credit when those questions were fully and fairly litigated, and finally decided by the court which rendered the original judgment.
When does the full faith and credit clause apply to federal courts?
Priority: Low
Federal courts are required to give a state court judgment the same preclusive effect as a state court
