Conflict of Laws Flashcards
What are the rules for recognizing a judgment?
Sister State Judgment: A sister court must recognize a judgment rendered in another state if the judgement is entitled to full faith and credit and no valid defenses apply. Full faith and credit is satisfied if (1) the rendering court had SMJ and PJ over the claim and (2) the rendering state entered a final judgment on the merits. These requirements are evaluated using the law of the rendering state. Penal judgments (plaintiff is state) and judgments obtained by extrinsic fraud (unable to be corrected during the proceedings) are not entitled to full faith and credit and are therefore valid defenses. Mistake (e.g., misapplication of law) and public policy (e.g., claim could not be brought in state where enforcement is sought) are not valid defenses.
Foreign Judgments: A recognizing court will exercise discretion to decide whether the foreign judgment should be recognized. If applicable, courts will analyze the same elements described above. However, courts will also analyze (1) whether the foreign courts had jurisdiction and (2) whether the procedures in the foreign court were fair.
Describe the vested rights analysis?
The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using the vested rights approach.
Under this approach the court will apply the law of that state man dated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.
Torts: Place of injury.
Contracts - Formation Issue: Apply the law of the place of contracting.
Contracts - Performance Issue: Apply the law of the place of performance.
Describe the interests analysis?
The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using the interests approach.
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.
Loss Distribution: If the case involves the distribution of losses and both parties share a common domicile, the court will apply the law of the common domicile.
Describe the most significant relationship analysis?
The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using the most significant relationship approach.
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.
Torts - Factual Connections: Factual considerations include the place: (1) of injury; (2) of the conduct causing injury; (3) where the parties are at home; and (4) where the relationship, if any, is centered.
Torts - Policy Principles: Policy principles include (1) the relevant policies of the forum state and (2) the relevant policies of other connected states.
Loss Distribution - Policy Principle: If the case involves the distribution of losses and both parties share a common domicile, the court will apply the law of the common domicile. This policy principal outweighs the other factual connections.
Contracts - Factual Considerations: Factual considerations include (1) the place of contracting; (2) the place of negotiation; (3) the place of performance; and (4) the place where the parties are at home.
Contracts - Policy Principles: Policy principles include: (1) the relevant policies of the forum state; (2) the relevant policies of other connected states; and (3) the reasonable expectations of the parties.
What are the choice of law rules for a conflict involving property?
Immoveable (Real) Property: Apply the law of situs, the law of the location of the property.
Moveable (Personal) Property: If the case involves an inter vivos transaction, apply the law of the situs at the time of transaction. If the case involves a matter relating to inheritance, you apply the law of the decedent’s domicile at the date of death.
What are the choice of law rules for a conflict involving family law?
Marriage: If a marriage is valid where performed, it will be recognized as valid everywhere. Exception - If domiciliaries of one state temporarily move to another state to avoid a prohibitory rule in the home state, the home state will not recognize the marriage.
Divorce: The forum court will apply its own divorce laws.
Legitimacy: Legitimacy of a child is governed by the law of the mother’s domicile at the time of the child’s birth. The validity of subsequent acts of legitimation concerning paternity are governed by the law of the father’s domicile.
When do the vested rights, interests, and most significant interest approaches not apply?
Forum Selection Clause: The choice of law will be based on a forum selection clause in a contract if the forum selection clause is valid and express. Forum selection clauses are not valid if (1) the selected law has no reasonable relationship to the contract or (2) the provision was included without true mutual consent.
Defense - Public Policy: A forum court will not apply a law that is against its own fundamental public policy.
Defense - Procedural Rules: Regardless of the outcome of the choice of law analysis, the forum court will always apply its own procedural rules. Statute of limitations are procedural law (Note: they are considered substantive law for the purposes of Erie). If the state has a borrowing statute, apply the statute of limitations of the state with the shorter statute of limitations period. If the normal choice of law analysis leads to the application of a foreign statute that creates a substantive right, then you apply the entire statute.
What are the rules for domicile?
Standard: Domicile is the place where an individual is physically present with the intent to remain indefinitely.
Children: Newborns are assigned the domicile of their parents. In cases of divorce, children are assigned the domicile of their custodial parent.
Incompetents: An individual who is mentally incompetent is assigned the domicile of their parent. If an individual becomes incompetent after acquiring a domicile by choice, they retain the chosen domicile.
