Conflict of Laws Flashcards
Recognizing Judgments: Sister States
A) 3 Rqmts for FFC (look to rendering court)
1) Had PJ over both parties & SMJ
2) Judgment on the MERITS
3) Judgment is Final
B) Any valid defenses? If no, rendering court judgment gets recognition
Pre-Write for Recognizing Judgments: Sister States
Source of the obligation to recognize the judgment is constitutionally derived from the Full Faith & Credit Clause in Article 2 of the Constitution. Purpose of the Clause is to encourage and promote interstate harmony, to promote a national market, to force all of the states to get along with one another and play nice.
Recognizing Judgments: Foreign Country
1) Did the foreign country have jurisdiction?
2) Were the foreign court procedures fair?
Pre-Write for Recognizing Judgments: Foreign Country
Full Faith & Credit principles also apply between recognition of federal courts and state courts. Apply analysis. Source of obligation here is statutory rather than Constitutional.
Choice of Law: Vested Rights Approach
P1: The issue presented is which states law will govern. The governing law will be selected by the forum court using the Vested Rights Approach.
P2: Under this approach the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.
P3: 1) Categorize substantive are of law. 2) State applicable vesting rule 3) Apply vesting rule to determine applicable law. 4) Apply governing law to determine result.
Vesting Rules for Substantive Areas
Torts → Governing law is where injury occurred
** Usual outcome → governing law will almost always be law of place of injury
EXCEPTION: If 1) Rule at issue is loss distribution AND 2) Parties share a common domicile → then apply law of common domicile
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Contracts → 1) Is there a valid COL provision? If so then that displaces regular COL analysis. Not enforceable if: no reasonable relationship to the K, Provision was included w/o true mutual consent.
-Formation K issue → apply law
of place where K was executed
(formation issues: capacity,
contract formalities, sufficiency of
consideration)
-Performance K issue → apply law
of place where contract to be
performed (performance issues:
time, manner, place of
performance, excuses for
nonperformance)
Choice of Law: Interest Analysis Approach
P1: The issue presented is which states law will govern. The governing law will be selected by the forum court using the Interest Analysis Approach.
P2: Under this 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 legitimate interest, it will apply the law of another interested state.
P3: 1) Discuss which states have legitimate interests. 2) Characterize the type of conflict. (False or True. False Conflict: where only 1 state has a legit interest. True Conflict: 2 or more states have a legit interest.) 3) Choose governing law based on type of conflict. (False conflict: apply law of interested state. True conflict: if the forum is interested, apply forum law). 4) Apply the governing law to determine result.
Choice of Law: Most Significant Relationship (2nd Rst) Approach
P1: The issue presented is which states law will govern. The governing law will be selected by the forum court using the Most Significant Relationship Approach.
P2: Under this approach, the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.
P3: 1) Discuss connecting facts (what happened where), 2) Discuss policy principles (similar to interest analysis). 3) Choose governing law based on most significant relationship. 4) Apply governing law to determine result.
Significant Relationship (2nd Rst) Rules for Substantive Areas
Torts:
1) Factual Connections: place of injury, place of conduct causing injury, domicile, residence, place of incorporation, place of business of the parties, and place where relationship if any is centered
2) Policy Principles: Relevant policies of the forum state, Relevant policies of other connected states
** Usual outcome → governing law will almost always be law of place of injury
EXCEPTION: If 1) Rule at issue is loss distribution AND 2) Parties share a common domicile → then apply law of common domicile
______________________________________
Contracts → 1) Is there a valid COL provision? If so then that displaces regular COL analysis. Not enforceable if: no reasonable relationship to the K, Provision was included w/o true mutual consent.
1) Factual Connections: place of contracting, place of negotiating, place of performance, where the parties are at home
2) Policy Principles: relevant policies of the forum state, relevant policies of other connected states, reasonable expectations of the parties
Property Rules
-Immovable Property → apply law of situs
-Movable (Personal) Property:
-Inter Vivos trx → apply law of situs
at time of trx
-Inheritance → law of decedent’s
domicile on date of death
Family Law Rules
-Marriage → if marriage valid where performed, recognized everywhere.
EXCEPTION: Temporary move only to avoid rule of domicile → marriage will not be deemed enforceable
-Divorce → forum will apply its own divorce laws
-Child Legitimacy:
-legitimacy of child is governed by the law of the mother’s domicile at time of child’s birth
-Validity of subsequent acts of legitimation concerning paternity are governed by the law of the father’s domicile
