Conflict of Laws Flashcards
What subjects are conflicts usually tested with?
The most common are family law or civ pro. Can also be torts or contracts.
Family Law Conflict Staute
UCCJEA
Civ Pro Conflict Statute
Erie Doctrine: Whether federal or state law is applied? This depends on if it’s substantive (state) or procedural (federal). Then to determine which state to look where the federal court sits and look at the choice of law rules. If the state determines, for example, SOL to be procedural and there is a choice of law issue, the federal court of IL Will consider it procedural.
Vested Rights Approach
Under the “vested rights” approach, (1) characterizes the area of law (2) determines the choice of law rule (3) localizes the rule that will be applied. This applies to substantive law.
Vested Rights Sample Answer
The issue is which state law will govern? Under the vested rights approach the court will apply the law of that state mandated by the applicable vesting rule. The rule is selected according to the relevant substantive area of the law
Vested Rights Torts Law
Place of Injury is what state law applies unless there is a loss distribution rule and the parties share a common domicile.
Local Law Approach
Under the “local law” approach, the forum applies its own rules of law but may make
reference to “appropriate” foreign rules in certain types of cases.
Interest Analysis Answer
The issue is which state law will govern? Under the local law 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 interest it will apply the law of another interest state. CONSIDER POLICY ISSUES.
Most Significant Relationship Analysis
The issue is which state law will govern? Under the most significant relationship approach, the court will apply the law of the state that is most significantly related to the outcome of the litigation to determine this the court will consider relationships to the state and public policy principles.
Limitations
Consider whether there are any defenses or constitutional limits on the choice of law to be applied like contacts and legitimate interests
Sister State Judgements
Full faith and credit must be given if the judgment is FINAL and “ON THE MERITS,” and if the court rendering judgment had sufficient JURISDICTION.
Defenses include penal judgments (punish an offense against the public) and extrinsic fraud (fraud that couldn’t be corrected during the regular course of proceedings)
Foreign Judgments
For foreign judgments, recognition would be based on doctrines of comity (the court exercises judgment to determine if it will be recognized, looking at factors of full faith and credit and procedures used) and res judicata, but the requirements are basically the same as for sister-state judgments.
Invalid Exceptions to Sister State Judgments
Public Policy and Mistake
When does a choice of law issue arise?
When there are factual connections with multiple states and the multiple states had different laws leading to different results
Choice of Law in Diversity Cases
State in which it sits
Choice of Law in Transferred Diversity Cases
Law of original court
Most Significant Relationship Approach
Consider the connecting facts in a given case and whether policy principles should be considered, this includes the needs of interstate systems, relevant policies of the forum, policies and interests of other jurisdictions, expectations of parties, basic policies underlying the substantive law, predictability and unification, and est of determination of foreign law. This applies to substantive law.
Interest Analysis Approach
Presumed to apply its law then look if the forum has any interest in the litigation. If not apply the other states law. Check for false conflict, meaning that the forum has no interest, if there is apply the law of the interested state. If there is a conflict, then consider policies. If the forum has no interest, it should dismiss for FNC if available if not apply the interested states’ law. If there is no interest just apply the law of the forum. This does not apply to substantive law
Contracts Choice of Law
Can be a provision in the contract and it is enforced if it’s valid and express.
Contracts Vested Rights
Formation: Place of Formation
Performance: Place of Performace
Contract Factual Considerations
Place of contract, place of negotiations, place of performance and place where parties are home
Contract Policy Considerations
Relevant policies of the forum state, relevant policies of connected states and reasonable expectations of parties
Torts factual considerations
Place of injury, place of conduct ofi njury, where the parties are at home and where the realthsip was centered
Torts policy considerations
forum state and connected states
Choice of Law for Immovable property
law of where property is located
Choice of law moveable property
If inter vivos apply law of the situs t time of transaction
if inheritance applies the law of decedents domicile at the date of death
Family Law Marriage Choice of Law
Marriage in one state is recognized everywhere except if your state specifically bans a type of marriage and you go out of state to get married.
Family Law Divorce Choice of Law
Forum will apply its own divorce laws because one party must be domiciled there
Family Law Legit Child Choice of Law
The legitimacy of a child is governed by the law of the mother’s domicile at the time of birth
Subsequent acts of paternity are governed by the law of the father’s domicile
Adoption is governed by the forum state
Full Faith and Credit
The rendering court must have jurisdiction over the parties and subject matter, the judgment must have been on the merits, the judgment was final, and there are no defenses of penal judgment or fraud.
