Conflict of Laws Flashcards
Whenever a legal problem involves incidents, issues, or parties connected to more than one state, ________ must determine which state’s laws should control.
The forum court
The first step in any conflict of laws analysis is _____________.
Determining whether the deciding court deciding has proper jurisdiction over:
1. The parties AND
2. The subject matter
A judgment rendered in the absence of _______ will not be recognized or enforced in other states.
Proper jurisdiction
The general role is that courts of __________ have personal jurisdiction over that person for any claim even if the claim is not otherwise connected with the forum.
Person’s domicile
Limitation imposed by contract is also known as __________.
Choice of forum by agreement
The parties’ agreement as to the place of action cannot oust ___________.
A state that has proper judicial jurisdiction
An agreement over choice of forum will be given effect unless ___________.
it is unfair or unreasonable
A state does not obtain personal jurisdiction over an individual who appears in the action for the sole purpose of _____________.
Objecting to the forum’s exercise or jurisdiction over her
Any appearance without _______ waives an individual’s objection to personal jurisdiction.
Raising the jurisdictional objection
A state will not exercise judicial jurisdiction over D or her property if obtained via ____ or _____.
Fraud
Unlawful force
A state will not exercise judicial jurisdiction when inaction on its part is required by ________ or ___________.
International law
The needs of judicial administration
A state will not exercise judicial jurisdiction when forbidden to do so by ______ or _______
Customary international law
Provisions of some treaty/other formal agreement to which the state is a party
It is customary for a state to grant immunity from ______ to nonresidents appearing in a case
Service of process
Immunity from service to process can be granted by:
- Witnesses
- Lawyers
- The parties
What is the doctrine of forum non conveniens?
A state won’t exercise jurisdiction if it is a seriously inconvenient forum for the trial of the action as long as there is a more appropriate available forum
To satisfy the due process clause of the US Constitution, a non-domiciliary D not served in the forum must have minimum contacts such that ___________.
Maintaining the suit doesn’t offend traditional notions of fair play and substantial justice
A choice of law issues where:
Laws of 2+ states:
1. Are potentially relevant to a case AND
2. Differ materially
On a general level, how does the US Constitution apply to choice of law?
Places limits on the forum state’s application of its own substantive law
A court sitting in a state must apply that state’s choice of ____ approach.
Law
The forum may not apply its own substantive law to a particular issue unless application of the law would be reasonable in light of:
- The relationship of the state AND
- Of other states to the person, thing, or occurrence involved
For a state’s substantive law to be selected in a constitutionally permissible manner:
- State must have significant contact/aggregation of contacts AND
- Choice of law neither arbitrary nor fundamentally unfair
_________ will typically satisfy the due process requirements of finding a change of law to be constitutional.
Plaintiff’s domicile
If a state has only ______ contact with the parties and the occurrence or transaction, application of its law is unconstitutional.
Insigificant
Even if a state may apply its own law, it is not constitutionally required to ______.
do so
The same standard used for ______ will also determines whether a forum’s application of its own law violates the Full Faith and Credit Clause
Due process
When it comes to competing laws, what standard is used to determine if a state’s application of its own laws satisfies the full faith and credit rule?
- Significant contact/aggregation of contacts AND
- Choice of law neither arbitrary nor fundamentally unfair
Where are the US Constitution’s two “privileges and immunities” clauses?
- Article IV §2
- 14th Amendment
Privileges and immunities protected by the constitutional clauses must be sufficiently important to ________.
Bear on the vitality of the nation as a whole
When a state law treats non-domiciliaries differently, the state must show that:
- There is a substantial reason for the difference AND
- It bears a substantial relationship to the state’s objective
The rules of Conflict of Laws sometimes accord determinative significance to domicile because of __________.
The person’s identification with that place
How many domiciles does a person have?
Always at least one, and always only one
Domicile by operation of law arises when __________.
A person lacks the legal capacity to choose a domicile
Where does a minor have domicile?
Same domicile as the parent with whom she lives
What is domicile of origin?
Domicile which a person has at birth
The domicile of a child of married parents at birth is _________.
Domicile of father
The domicile of a child of an unmarried/widowed mother at birth is _________.
Domicile of the mother
In the case of divorce or separation of the parents, a child’s domicile is __________.
The same as that of the parent awarded custody of the child
If a child is abandoned by one parent, the child’s domicile is __________.
That of the non-abandoning parent
If a child is abandoned by both parents at different times, the child’s domicile is _______.
Domicile possessed by the parent who abandoned the child last
If a child is abandoned by both parents simultaneouly, the child’s domicile is _______.
The domicile of the father at the time of abandonment
Where does an adopted child have domicile?
Domicile of her adoptive parents
Where does an emancipated child have domicile?
The child may acquire a domicile of choice
Where does an incompetent have domicile if she previously was competent?
Where she had domicile prior to the incompetency
Where does an incompetent have domicile if she was never competent?
Domicile of her parents
At common law, where did a married woman have domicile?
Where her husband had domicile
Where does a wife living with her husband have domicile?
Same place that he does
Where does a wife living apart from her husband have domicile?
She may acquire a separate domicile of choice
Where is a corporation domiciled?
Wherever it is incorporated
If an individual has legal capacity, where does she have domicile?
In the state she has chosen
In order to determine where domicile exists, a court will look to:
- Legal capacity
- Physical presence in the state AND
- Intent to be domiciled there
A person will retain her current domicile by choice until ________.
She satisfies the requirements elsewhere
To meet the physical presence requirement of domicile, __________ is not necessary.
Establishment of a home in a particular dwelling
Physical presence even for a moment is enough to show domicile as long as ___________.
Requisite intent is present
When a person has more than one dwelling place, her domicile is:
- Earlier dwelling place UNLESS
- Second dwelling is principal home
Where is a person’s principal home?
Home to which she is most closely related; usually where she and her family spend the most time
To acquire a domicile of choice in a place, a person must intend to _________.
Make that place her home, at least for the time being
It is immaterial what _____ led a person. to a new domicile.
motives
A party’s domicile at origin remains that party’s domicile until it is changed by either _____ or _____.
Operation of law
Choice
A minor’s domicile will change with her parents’ domicile until ________.
The child reaches the age of 18
A forum uses ________ law to determine domicile.
Its own law
When will an issue of choice of law arise in regards to domicile?
- Domicile is fact necessary to judicial jurisdiction of forum
- Domicile is fact necessary for forum to apply its local law or create/affect legal interests
- Domicile is fact necessary to the power of courts or officials to act
- Forum passes upon the judicial jurisdiction of another state
- Identifying the state of applicable law
What are the three approaches to choice of law issues?
- Vested rights (traditional)
- Interest analysis (contemporary)
- Most significant relationship test (contemporary)
What four concepts/issues arise regardless of what choice of law approach is used?
- Characterization
- Renvoi
- Debecage
- Proof of foreign law
What is characterization in connection to choice of law?
Determination of what type of claim is involved in order to determine:
1. Which choice of laws rule apply
2. On what issue laws differ AND
3. The categorization of an issue as procedural/substantive for choice of law purposes
Renvoi means ______.
Send back
What is the concept of renvoi?
Issues arising when applying a foreign state’s choice of law would return the case to the forum in a neverending cycle
When is there a “never ending circle” in terms of choice of law?
Law of the forum specifies that a foreign law shall govern a judicial event, but that foreign law remits it to the law of the forum to determine it; it begins a cycle
What is the question for renvoi?
When the choice-of-law rules of the forum refer a juridicial matter to a foreign law for decision:
1. Does this reference include the choice-of-law rules of that foreign law OR
2. Is it merely a reference to purely internal rules of law of the foreign system?
What is the question for renvoi?
When the choice-of-law rules of the forum refer a juridicial matter to a foreign law for decision:
1. Does this reference include the choice-of-law rules of that foreign law OR
2. Is it merely a reference to purely internal rules of law of the foreign system?
What is the question for renvoi?
When the choice-of-law rules of the forum refer a juridicial matter to a foreign law for decision:
1. Does this reference include the choice-of-law rules of that foreign law OR
2. Is it merely a reference to purely internal rules of law of the foreign system?
What is more common, accepting or rejecting renvoi?
Most states reject renvoi
Some states accept renvoi and _________.
Apply their own law
The majority of states reject renvoi and ______________.
Apply the domestic law of the foreign country but not its choice-of-law rules
Rejecting renvoi requires proof of _______.
The domestic law of the foreign state
depecage means ________
Cutting up
The doctrine of depecage allows courts to ____________.
Apply the laws of different jurisdictions to different issues within the same case
Under the doctrine of depecage, the court applies the choice-of-law rules ________.
Issue-by-issue
Under the ______ Restatement, courts could not engage in depecage.
1st
Federal courts take judicial notice of the law of every ___________
states in the US
Most state courts are bound to take judicial notice of law from:
- Other states AND
- Federal law
A party who intends to raise an issue about a foreign country’s law must:
Give notice by
1. A pleading OR
2. Other writing
If the foreign law is not proved, the court may:
- Presume foreign law is similar to the forum law
- Apply the forum law OR
- Dismiss the action
What is the 1st Restatement theory about choice of law?
Vested rights
What is the vested rights approach to choice of law?
Vested rights approach to choice of law applies the law where P’s right vest
Where do a party’s rights vest?
At a:
1. Particular place AND
2. Point in time
What are the steps of addressing choice of law via vested rights?
- Identify the relevant event
- Apply the law of the state where that event took place
What is the interest analysis approach to choice of law?
If the forum state has an appropriate “interest” in the case/issue, the forum stae applies its own law.
Otherwise, the forum must apply the law of the state that DOES have an interest
The cornerstone of the interest analysis approach to choice of law is _________.
Determining when a state has an “interest”
There is no weighing of ______ interests in interest analysis.
Governmental
The interest analysis approach to choice of law does not vary with __________.
Substantive area of law
In evaluating whether a state has an appropriate interest in a case/issue under the issue analysis approach to choice of law, the following outcomes are possible:
- False conflict
- True conflict
- Disinterested forum
- Unprovided for case
A false conflict arises when _______.
Only one state has an actual interest in having its law applied
Under interest analysis, what occurs if a false conflict arises?
Forum court will apply the law of the state with an actual interest in the outcome of the litigation
A true conflict arises when __________.
2+ states, including the forum state, have an interest in the litigation
Under interest analysis, what occurs if a true conflict arises?
The forum will apply its own law
Disinterested forum arises when _______________.
The forum ha no interest, but 2+ states (not including the forum state) have an interest in the litigation
Under interest analysis, what occurs if a disinterested forum arises?
Dismiss the case under forum non conveniens
If a disinterested forum arises, if forum non conveniens is not available, the forum state can either:
- Apply the law of the state with a more legitimate interest OR
- Apply the law of the state that most closely resembles its own law
An unprovided for case arises when ________.
No state has an interest in applying its own law
Under interest analysis, what occurs if a unprovided for case arises?
Forum court will apply its own law
Under the doctrine of issue analysis, an unprovided for case is also known as _________.
No interest
What is the most significant relationship approach to choice of law?
The forum looks at all existing contracts between the various parties to a suit and various jurisdictions.
Ultimately, the court should choose the law of whatever jurisdiction is most closely tied to the case
What general factors should be considered according to the “most significant relationship” approach to choice of law?
- Needs of interstate & international systems
- Relevant policies of the forum
- Relevant policies of other interested states & relative interests of those states in the determination of the particular issue
- Protection of justified expectation
- Basic policies underlying the particular field of law
- Certainty, predictability, & uniformity of result
- Ease in the determination & application of the law to be applied
Why consider the needs of interstate and international systems when using the “most significant relationship” approach to choice of law?
Goal is avoiding conflicts rules that impede commerce
Which three general factors considered for the most significant relationship choice of law theory rarely apply to tort cases?
- Needs of interstate and international sytstems
- Protection of justified expectations
- Certainty, predictability, and uniformity of result
Which general factors considered for the most significant relationship choice of law theory will almost always favor forum law?
Ease in the determination/application of the law to be applied
If a state has a __________ statute, it will supersede any general approach
on-point choice-of-law statute
Under the 1st Restatement, how is tort jurisdiction chosen?
Lex loci delictus
Lex Loci Delictus is also known as ________
Place of wrong
What is the doctrine of lex loci delictus?
The law of the place of wrong determines whether a person has sustained a legal injury
Where is the place of wrong?
The state where the last event necessary to make an actor liable for an alleged tort takes place
Under the 2nd Restatement, how is tort jurisdiction chosen?
State with most significant relationship to occurrence & parties
Under the 2nd Restatement, how is tort jurisdiction chosen according to the state with the most significant relationship to occurrence & parties.
Contacts to be taken into account include:
- Place where the injury occurred
- Place where the conduct causing the injury occured
- Domicile, residence, nationality, place of incorporation & place of business of the parties AND
- Place where the relationship (if any) between the parties is centered
According to the 1st Restatement, what concept determines intentional tort liability, negligent liability, and strict liability?
The law of the place of wrong
According to the 2nd Restatement, in an action for a personal injury, _____________ determines the rights and liabilities of the parties unless ___________
The local law of the state where the injury occurred
Another state has a more significant relationship to the occurrence and parties
Under the 1st Restatement, what state has jurisdiction over vicarious liability?
Place of wrong
Under the 2nd Restatement, what state has jurisdiction over vicarious liability?
State with most significant relationship to occurrence & parties
Where there are multistate torts, which state has the most significant relationship?
State of plaintiff’s domicile
Under the 1st Restatement, what state has jurisdiction over vicarious liability?
Place of wrong - and place of wrong only
Under the 2nd Restatement, what state has jurisdiction over vicarious liability?
State with most significant relationship to occurrence & parties
Under the 2nd Restatement, what state has jurisdiction over cases where intra-family immunity is invoked?
State of parties’ domicile
Under the 2nd Restatement, what state has jurisdiction over cases where charitable immunity is invoked?
State where conduct/injury occurred unless some other state has a greater interest in the determination of the particular issue
Under the 2nd Restatement, what state has jurisdiction over cases where intra-family immunity is invoked, if plaintiff is domiciled in the state where _____________, that stated has the greatest interest.
defendant corporation has its principal place of business
Under the 1st Restatement, what state has jurisdiction over damages?
Place of wrong
Under the 2nd Restatement, what state has jurisdiction over damages?
State with most significant relationship to occurrence & parties
Under the 1st Restatement, what state has jurisdiction over contribution & indemnity among tortfeasors?
Place of wrong
Under the 2nd Restatement, what state has jurisdiction over contribution & indemnity among tortfeasors?
State with most significant relationship to occurrence & parties
Under the 2nd Restatement, what state has jurisdiction over contributions & indemnity among tortfeasors when both tortfeasors are domiciled in the same state?
That state likely has the most significant relationship to the occurrence and parties
Under the 1st Restatement, what state has jurisdiction over the survival of actions?
Place of wrong
Under the 2nd Restatement, what state has jurisdiction over survival of actions?
State with most significant relationship to occurrence and parties
Under the 1st Restatement, what state has jurisdiction over wrongful death?
Place of wrong
Under the 2nd Restatement, what state has jurisdiction over wrongful death?
Where injury occurred unless other state has more significant relationship to occurrence & parties
When it comes to worker’s compensation, the state may provide right of action in tort or wrongful death even if ___________.
D is immune to such liability by the applicable worker’s compensation law of another state
One state may award worker’s comp even if _________.
Another state’s worker’s comp statute also applies
For worker’s compensation, prior award is credited against _________.
Second award
Issues in contract are determined by the law chosen by the parties unless either:
- No reasonable basis for the parties’ choice OR
- Contrary to public policy
Under 1st Restatement, if there is no valid choice of law clause, who has jurisdiction over the validity and construction of a contract?
Place of contracting
Under 1st Restatement, if there is no valid choice of law clause, who has jurisdiction over the performance-related issues of a contract?
Place of performance
Under 2nd Restatement, if there is no valid choice of law clause, who has jurisdiction?
Most significant relationship to the transaction & parties
Under 2nd Restatement, if there is no valid choice of law clause, the state with the most significant relationship to the transaction and parties has jurisdiction.
The factors that help determine which state this is include:
- Place of contracting
- Place of negotiation of the contract
- Place of performance
- Location of the subject matter of the contract AND
- Domicile, residence, nationality, place of incorporation, and place of business of the parties
What is law of situs?
Local law of the state where the land is situated
Under the 2nd Restatement, contracts for the transfer of interests in land fall under what jurisdiction?
Law of the situs
Under the 2nd Restatement, contracts for the duties arising from transfer of interests in land fall under what jurisdiction?
Law of the situs
Under the 2nd Restatement, contracts to sell interests in chattel fall under what jurisdiction?
Law of the place of delivery
Under the 2nd Restatement, life insurance contracts fall under what jurisdiction?
Law of the insured’s domicile
Under the 2nd Restatement, contracts of fire, surety, or casualty insurance fall under what jurisdiction?
Law of the location of the insured risk
Under the 2nd Restatement, contracts of suretyship fall under what jurisdiction?
Law governing the principal obligation
Under the 2nd Restatement, contracts for the repayment of money loaned fall under what jurisdiction?
Law where repayment is required
Under the 2nd Restatement, contracts for the rendition of services under what jurisdiction?
State where services will be rendered
Under the 2nd Restatement, contracts of transportation fall under what jurisdiction?
Law of the place of departure
Under the 1st Restatement, capacity to contract falls under which jurisdiction?
Place of contracting
Under the 2nd Restatement, capacity to contract falls under which jurisdiction?
Place where party whose capacity questioned is domiciled
Under the 1st Restatement, formalities of a contract falls under which jurisdiction?
Place of contracting
Under the 2nd Restatement, formalities of a contract falls under which jurisdiction?
Place of contracting
Under the 1st Restatement, formalities falls under which jurisdiction?
Place of contracting
Under the 2nd Restatement, formalities falls under which jurisdiction?
Under the 1st Restatement, validity of a contract other than capacity and formalities falls under which jurisdiction?
Place of contracting
Under the 2nd Restatement, validity of a contract other than capacity and formalities falls under which jurisdiction?
Most significant relationship to the transaction and parties
Under the 1st Restatement, misrepresentation, duress, undue influence, & mistake falls under which jurisdiction?
Place of contracting
Under the 2nd Restatement, misrepresentation, duress, undue influence, & mistake falls under which jurisdiction?
Most significant relationship to the transaction & parties
Under the 1st Restatement, contract illegality falls under which jurisdiction?
Place of performance
Under the 2nd Restatement, contract illegality falls under which jurisdiction?
Most significant relationship to the transaction & parties
Where performance is illegal in in the place of performance, the contract will _________.
usually be denied enforcement
Under the 2nd restatement, usury falls under which jurisdiction?
Interest permissible:
1. In state with substantial relationship AND
2. Not greatly in excess of the rate permitted by state with most significant relationship to transaction/parties
Under the 2nd restatement, the construction of words used in a contract falls under which jurisdiction?
Most significant relationship to the transaction of the parties
Under the 2nd Restatement, when the meaning which the parties intended to convey by words used in a contract cannot satisfactorily be ascertained, the words will be construed:
- In accordance with the local law of the state chosen by the parties OR
- In the absence of such a choice, in accordance with the local law of the state with the most significant relationship to the transaction and the parties
Under the 2nd Restatement, the nature & extent of contractual obligations falls under which jurisdiction?
Most significant relationship to the transaction and parties
Under the 1st Restatement, the details of contractual performance fall under what jurisdiction?
Place of performance
Under the 2nd Restatement, the details of contractual performance fall under what jurisdiction?
Place of performance
Under the 1st Restatement, the measure of recovery falls under which jurisdiction?
Place of performance
Under the 2nd Restatement, the measure of recovery falls under which jurisdiction?
Most significant relationship to the transaction & parties
Under the 1st Restatement, inter vivos conveyance of real property falls under which jurisdiction?
Law of the situs
Under the 2nd Restatement, inter vivos conveyance of real property falls under which jurisdiction?
Most significant relationship to the property & the parties
Under the 1st Restatement, inter vivos conveyance of personal property falls under which jurisdiction?
Law of state where chattel located at time of conveyance
Under the 2nd Restatement, inter vivos conveyance of personal property falls under which jurisdiction?
Most significant relationship to the thing and the parties
Under the 1st Restatement, transfers of real property by operation of law via death fall under which jurisdiction?
Law of situs
Under the 2nd Restatement, transfers of real property by operation of law via death fall under which jurisdiction?
Law of situs
Under the 1st Restatement, transfers of personal property by operation of law via death fall under which jurisdiction?
Domicile of decedent at time of death
Under the 2nd Restatement, transfers of personal property by operation of law via death fall under which jurisdiction?
Domicile of decedent at time of death
Under the 1st Restatement, transfers of real property by operation of law via marriage fall under which jurisdiction?
Law of situs
Under the 2nd Restatement, transfers of real property by operation of law via marriage fall under which jurisdiction?
Law of situs
Under the 1st Restatement, transfers of existing interests in personal property by operation of law via marriage fall under which jurisdiction?
Domicile of husband at time of marriage
Under the 2nd Restatement, transfers of existing interests in personal property by operation of law via marriage fall under which jurisdiction?
Domicile of other spouse at time of marriage
Under the 1st Restatement, transfers of interests in personal property acquired after marriage by operation of law via marriage fall under which jurisdiction?
Domicile of parties when chattels acquired
Under the 2nd Restatement, transfers of interests in personal property acquired after marriage by operation of law via marriage fall under which jurisdiction?
Domicile of parties when chattels acquired
Under the 2nd Restatement, the court supervision of administration of real property in trusts falls under which jurisdiction?
Court of situs
Under the 2nd Restatement, the court supervision of administration of personal property in trusts falls under which jurisdiction?
State where trust is to be administered
Under the 1st Restatement, in order to incorporate validly, a business corporation must comply with the requirements of which jurisdiction?
State of incorporation (regardless of where activities will take place or where directors/officers/shareholders are domiciled)
Under the 2nd Restatement, in order to incorporate validly, a business corporation must comply with the requirements of which jurisdiction?
State of incorporation (regardless of where activities will take place or where directors/officers/shareholders are domiciled)
What state has jurisdiction in determining the validity of marriage?
State with most significant relationship to spouses and the marriage
Normally, the state with most significant relationship to spouses and the marriage has jurisdiction over the validity of the marriage. This is true unless ______.
The marriage violates a strong public policy interest of the forum
Which state has jurisdiction over divorce?
State where action is brought
Whether a child is legitimate falls under which jurisdiction?
State with most significant relationship to spouses and the marriage
The child will usually be held legitimate if this would be her status under the local law of the state where:
- Either parent was domiciled when child’s status of legitimacy is claimed to have been created OR
- Child was domiciled when either parent acknowledged child as her own
What state has jurisdiction over adoption?
Local law of court with judicial jurisdiction to grant adoption
Under the 1st Restatement, all matters of procedure fall under which jurisdiction?
Law of forum
Under the 2nd Restatement, all matters of procedure fall under which jurisdiction?
Law of forum
The forum court determines whether a given question is one of substance or procedure.
Examples of procedure include:
- Rules of civil procedure
- Evidence
- Most statutes of limitations
- Direct action statutes
- Counterclaims
- Privilege
Rules of civil procedure are issues of procedure, whether they are _____ or _____.
Federal
State
Evidence issues that are procedural include:
- Burden of proof
- Rebuttable presumptions
The forum court determines whether a given question is one of substance or procedure.
Examples of substance include:
- Outcome determinative rules of civil procedure
- Irrebuttable presumptions
- Some statutes of limitations
- Statute of frauds
- Parol evidence rule
- Contribution among joint tortfeasors
- Survival of actions
- Adverse possession
- Damages
What statutes of limitations are issues of substance?
- Borrowing statutes of limitations
- Statutes of limitation that condition a substantive right
- Statutes of limitations that limit a contractual right
A forum will always apply its own ______ laws.
Procedural
If a foreign law is against a forum state’s ________, the forum state’s law will be applied - even if it’s a substantive issue.
Public policy
A law is considered against public policy if it is ______ and _______.
Offensive
Outrageous
The fact that a foreign law is against public policy is not a defense if _____________.
The forum uses interest analysis
The fact that a foreign law is against public policy is not a defense if the forum uses interest analysis because ___________.
Forum public policy is already considered in determining whether the forum has an interest warranting application of its own law
No state will punish a violation of the criminal law of another state; instead, the state will:
- Apply its own penal laws OR
- Extradite D to another jurisdiction
No state will punish a violation of the criminal law of another state; instead, the state will apply its own penal laws or extradite D to another jurisdiction. Exceptions include:
- Actions by private persons or public body
- Liability of a guarantor
- Director, officer, or shareholder liability
- Liability on bond by public official AND
- Statutory liability for wrongful death
Which exception to application of forum law applies only under the 1st restatement?
Tax laws
The courts of other jurisdictions will enforce a tax judgment that is __________.
Validly entered under the revenue laws of one jurisdiction
If there is a federal law on point that is in direct conflict with the state law, then __________.
The court must apply the federal law if it is valid
What happens under the Erie doctrine?
A federal court sitting in diversity jurisdiction must apply the:
1. Substantive law AND
2. Choice of law rules
…of the state in which it sits
When it is unclear whether the law is substantive or procedural, apply this three-part balancing test:
- If state law substantially determines outcome of the litigation, it is substantive
- Balance of federal and state interests
- If application of federal law would systematically encourage forum-shopping, it is substantive
What is the Klaxon rule?
Federal district court sitting in diversity must apply the choice-of-law approach prevailing in the state in which it sits
The Klaxon rule ensures that _______.
A federal court sitting in diversity and the state court sitting next door would reach the same result if presented with the same case
if federal courts were free to craft their own choice-of-law rules, then the federal court might ____________.
Choose a different jurisdiction’s substantive law to govern the dispute than the state court would
Under the Full Faith & Credit Clause of the Constitution, what occurs?
Valid judgment rendered in one state of the US must be recognized in a sister state
The Full Faith & Credit rule applies to what kinds of judgment?
- Sister-state judgments
- State court to federal judgments
- Federal court to state judgments
- Federal court to other federal judgments
- Administrative tribunals
A judgment rendered in one court must be recognized in another if the following requirements are satisfied:
- Valid judgment
- Judgment on the merits
- Judgment is final
When is a judgment valid?
- Proper jurisdiction
- Proper notice of the action AND
- Reasonable opportunity to be heard
A judgment is valid if there is a proper jurisdiction unless _______ applies.
The boostrap doctrine
What is the Bootstrap Doctrine?
Principle prevents a party from bringing an action in one state’s court in an attempt to collaterally attack the final judgment from another state’s court
The Bootstrap Doctrine is based on __________.
Principles of res judicate
The principles of res judicata prevents:
A party from litigating:
1. A jurisdictional claim that has already been resolved by a prior, final decision OR
2. If litigants had an opportunity to raise the issue and challenge the other court’s lack of jurisdiction but failed to do so
Dismissal for any of the following reasons is not considered a judgment on the merits, and as such, is not entitled to full faith and credit:
- Lack of jurisdiction over D
- P’s lack of capacity
- Misjoinder of parties/causes of actions
- Improper venue
- Statute of limitations
A judgment is considered final when _________.
No further action is required by the rendering court
If a judgment can be _______, then it is usually not considered a final judgment
Modified
Modifiable judgments are usually enforced by sister states because _________.
Past due installments are considered final
If there are inconsistent judgments from other states, then ____________.
A court need only give full faith and credit to the most recent judgment
What are valid defenses to full faith and credits?
- Does not apply to penal judgment
- Equitable defense in rendering state
What are penal judgments?
Judgments that impose:
1. Criminal penalties OR
2. Civil fines for offenses against the public
_________ damages are not considered penal judgments.
Massive punitive damages
The following are NOT valid defenses to full faith and credit:
- Tax judgments
- Mistake of law/fact by rendering court
- Against public policy
- Inconsistent judgment
What is the effect of full faith & credit?
- Res judicata AND
- Enforcement of the judgment
How does res judicata apply when the full faith and credit rule is triggered?
- Merger of P’s cause of action into judgment
- Bar against same cause of action AND
- Collateral estoppel to all issues resolved in the first litigation
Foreign judgments are recognized under the principle of comity, which is ___________.
Voluntary recognition rather than an obligation
Some states have reciprocity statutes which require ________
The judgments of foreign jurisdictions will be recognized and enforced by a forum only to the extent that the foreign jurisdiction would recognize/enforce the judgments rendered by the enforcing forum
What factors are considered under comity?
- Proper jurisdiction AND
- Fair procedure
The Uniform Foreign Money-Judgments Recognition Act governs ____________.
Any judgment of a foreign state granting/denying recover of a sum of money, other than:
1. Judgment for taxes
2. A fine or other penalty OR
3. A judgment for support in matrimonial or family matters
A foreign money-judgment is conclusive between the parties and the foreign judgment is enforceable in the same manner as _________________.
The judgment of a sister state which is entitled to full faith and credit
A foreign judgment is not conclusive if:
- Judgment rendered by system that is not compatible with the requirements of due process
- Lack of personal jurisdiction OR
- Lack of subject matter jurisdiction
A foreign judgment need not be recognized if:
- Lack of notice
- Judgment obtained by fraud
- Cause of action repugnant to public policy of state
- Judgment conflicts with another final & conclusive judgment
- Proceeding in foreign court contrary to agreement between the parties
- The foreign court is a seriously inconvenient forum for the trial of the action
Divorce judgments are entitled to full faith & credit if ____________.
Jurisdictional requirement is satisfied
If a divorce is void for ________, then the state will not give full faith and credit to the divorce decree.
Lack of jurisdiction
What subject matter jurisdiction is required for divorce?
At least one spouse is domiciled in rendering state
In divorce proceedings, there is a rebuttable presumption that P is domiciled in ________.
Divorcing state
In order to have personal jurisdiction in a bilateral divorce, there must be __________.
Personal jurisdiction over both spouses
In order to have personal jurisdiction in a ex parte divorce, there must be __________.
Personal jurisdiction over one spouse
Ancillary matters in bilateral divorces ar given full faith and credit unless ______
Modifiable
_______ divorces will not be given full faith and credit as to ancillary matters.
Ex parte divorces
What law applies to child custody judgments?
Uniform Child Custody Jurisdiction & Enforcement Act
What does UCCJEA stand for?
Uniform Child Custody Jurisdiction & Enforcement Act
What occurs under the UCCJEA?
An ex parte child custody determination is entitled to full faith and credit if the rendering state is the child’s “home state”
A state court has “home state jurisdiction” over child custody?
If
1. The child lived in that state for at least six consecutive months with a parent immediately before the commencement of the custody action OR
2. The child lived there within six months prior to the commencement of the action and, although the child is absent from the state, at least one parent continues to live there
A state may exercise emergency jurisdiction over child custody judgments if:
- The child is physically present in the state AND
- Requires protection from abuse, neglect, or abandonment
Child support judgments are controlled by _____________.
Uniform Interstate Family Support Act (UIFSA)
What does UIFSA stand for?
Uniform Interstate Family Support Act
Under UIFSA, what occurs?
A child support order issued in one state is entitled to full faith and credit in another state
No state may modify a child support order if:
- The child OR
- At least one of the parents
…remain in the rendering state
No state may modify a child support order if the child or at least one of the parents remain in the rendering state.
The one exception is ___________.
Neither parent objects to another state exercising jurisdiction
