Conflict of Laws

Question 1

Final Judgement Rule

Answer 1

A state court must respect another state courts decision if there is a final judgment on the merits.

A court of appeals will not appeal a case unless its reached a final judgment on the merits.

Question 2

Klaxton Doctrine

Answer 2

Federal court with Diversity Jurisdiction must apply the state in which it sits substantive law and federal procedural law. Prevents forum shopping.

Question 3

Choice of Law provision in contracts

Answer 3

generally choice of law provision upheld unless state has unfair relationship with one party or (2) other state has materially greater interest.

Question 4

Choice of law for wills and trusts

Answer 4

For state law its generally where the decedent was domiciled. If its over property its where property is.