Conflict of Laws

Question 1

Collateral Estoppel

Answer 1

Can apply to issues of law or fact - legal doctrine that prevents a party from relitigating an issue that was resolved in a previous lawsuit or administrative proceeding. It’s also known as issue preclusion.

Question 2

Erie Doctrine

Answer 2

In Fed Div cses, ct must apply substantive law of state where ct is located. If transferred from other district, Ct applies rules of transferor state

Question 3

Choice of Law Approaches

Answer 3

1. Traditional Vested Rights Approach: For each substantive law area there are vesting rules (where P’s rights vest) - they are fact based rules that determine which state law will govern
2. Most Significant Relationship Approach: Ct applies law most significantly related to outcome of case. Consider: a. connecting facts, b. certain policy oriented principals
3. Interest Analysis (Gov Interest) Approach: Ct applies its own law so long as it has a legit interest in outcome of litigation. If true conflict = Ct to ID which state has greatest interest
4. Better Rule Approach: Cts apply the best substantive rule. Cts consider predictability, maintenence of interstate and international order, govs interest and application of better rule of law

Question 4

Res Judicata

Answer 4

Res judicata deals with questions of law.
The principle that a cause of action may not be relitigated once it has been judged on the merits. The elements of res judicata are: “(1) a prior final judgment on the merits by a court of competent jurisdiction; (2) identity of parties or those in privity with them; and (3) a second action based on the same claims that were raised or could have been raised in the first action.

Question 5

Express COL clauses in contracts

Answer 5

Usually will be enforced UNLESS: a. law selected is of state with no reasonable relationship with K; or b. No true mutual assent btwn parties

Question 6

COL: Decedents’ Estates

Answer 6

Inter Vivos transactions: Situs at time of transaction

Inheritance Matters: Domicile of decedant at time of death

Question 7

COL: Substance vs. Procedure

Answer 7

Law is procedural not substantive. If procedural, forum will apply own law.

SOL exceptions: 1. Borrowinf Statutes - forum with shorter SOL

2. Statute conditions Substantive Right - If you apply other state’s statute which create sub rt - should apply entire statute including procedural prov

Question 8

Full Faith and Credit

Answer 8

Courts must honor out-of-state laws, regulations, and judgments. The clause attempts to prevent conflict among states and ensure the dependability of judgments across the country.

Question 9

COL: Contracts

Answer 9

Apply basic COL rules: Vested tights approach - If K formation issues: place of execution; K perform isssues - place of perform.

Most Sig Relationship: Cts consider place of negotiation, place of execution, plae of perform, place of home state, location of subj matter

Question 10

COL: Torts

Answer 10

Regulating conduct: Place of Injury

Loss Distribution Rules:
1. If P and D from same domicile - that state law
2. If P and D from diff states - law of place where accident occurred