Conflict of Laws

Question 1

Collateral Estoppel

Answer 1

Also called issue preclusion states that issues that were actually litigated, decided, and essential to the judgment in a previous case can’t be re-litigated.

Question 2

Erie Doctrine

Answer 2

Federal courts sitting in diversity will apply federal procedural law and state substantive law. In determining whether a law is substantive or procedural, courts use the Outcome Determinative test: asking if the application of federal law would substantially impact the outcome of the case. This includes elements of a claim or defense, burdens of proof, and statutes of limitation. Historically, courts have attempted to prevent forum shopping and ensure that claims adjudicated in federal court mirror the applicable state court outcome.

Question 3

Choice of Law Approaches

Answer 3

Traditional (1st Restatement) the court applies the law of the forum where the act occurred or the relationship that gave rise to the lawsuit developed

Most Significant Relationship (2nd Restatement): The court will apply the law of the forum that has the most significant relationship to the issue at hand using several factors: relevant policies of the jurisdictions, relevant policies underlying the substantive field of law, ease of applying the law, and whether application of a given law will aid certainty, uniformity, and predictability.

Governmental Interest: the court will analyze policies behind conflicting laws and how those policies would be furthered by application to the case at hand. (discuss each forum’s interest in having its laws applied)

Question 4

Res Judicata

Answer 4

Also called claim preclusion states that a claim. or a claim that could have been brought, that was litigated to a final judgment on the merits can’t be re-litigated by the parties or their privies.

A judgment for lack of jurisdiction or voluntary dismissal is not on the merits, summary judgment is.

Question 5

Express COL Clauses in Contracts

Answer 5

Express COL clauses in contracts are adhered to unless there was a lack of consent, the clause is contrary to public policy, or they find the forum state of choice has no substantial relationship to the parties

Question 6

COL: Decedents’ Estates

Answer 6

COL for personal property is governed by the law of the testator/settlor, for real property the forum where the property sits.

Question 7

COL: Substance vs Procedure

Answer 7

Substance: elements of claim or defense, burdens of proof, statute of limitations
Procedure: Filing deadlines, court rule and procedures, discovery practices, rules of evidence

Question 8

Full Faith and Credit

Answer 8

State courts are required to give full faith and credit to another court order if it was (1) fully and fairly litigated, and (2) finally decided (by the original court).

Question 9

COL: Contracts

Answer 9

Under the MSR approach, the court will use the forum of which the contract was formed and performance was due if they are the same. If they are different the court will look into the subject matter, party location, and acceptance location.

Under the vested rights approach the court will look at where the contract was formed unless there is a performance requirement then the court will look at where the performance was to occur.

Question 10

COL: Torts

Answer 10

Under MSR, the courts will look at the Conduct location, Relationship of the parties, Injury location, and Party location (CRIP)

Under the vested rights approach the court will analyze where the injury occurred with the last event giving rise to liability

Question 11

COS Family

Answer 11

Under MSR, the court will consider where the family is domiciled

UCCJEA says that states must enforce other states’ child custody and visitation orders, IF THOSE STATES HAVE CONTINUING AND EXCLUSIVE JURISDICTION

Question 12

COS Corporations

Answer 12

Under MSR the court will focus on the place of incorporation