Conflict of Laws

Question 1

Recognition of judgments

Answer 1

A judgment has been entered by a court in one jurisdiction

A party is seeking to have that judgment recognized by a court in a different jurisdiction

Question 2

Rendering jurisdiction

Answer 2

the place where the judgment was originally entered

Question 3

recognizing jurisidiction

Answer 3

the place where recognition is being sought

Question 4

Sister state

Answer 4

Are the requirements of full faith and credit satisfied

are there any valid defenses

Question 5

Foreign country

Answer 5

is the foreign judgment entitled to comity

Question 6

Are the requirements for full faith and credit satisfied

Answer 6

Jurisdiction
- rendering j must have pj and smj
- exception - when issue of jurisdiction has been fully and fairly litigated

on the merits
- default judgment is on the merits

finality
- must be a final judgment, no appeal
- modifiable - final as to past, not final as to future

the requirements evaluated using aw of rendering state

Question 7

Are there any defenses to full faith and credit

Answer 7

Penal judgments
- one that punishes an offense against the public
- P is the state
- exception - tax judgment
- punitives are not penal if the state is not P

extrinsic fraud
- fraud that could not be corrected during the regular course of proceedings leading to the judgment
- example - judge taking a bribe, but not perjury

Question 8

Not defenses to full faith and credit

Answer 8

Public policy

mistake

Question 9

Comity

Answer 9

A recognizing court will exercise discretion to decide whether the foreign judgment should be recognized

did the foreign court have jurisdiction
- court has greater leeway to assess

was it final

was it on the merits

were the procedures fair

Question 10

Choice of law

Answer 10

Lawsuit involved factual connections with multiple states

the states have different laws leading to different results

what law will govern

Question 11

What law governs

Answer 11

generally
- law selected by the forum court according to choice of law approach

Federal diversity
- choice of law approach of the state the court sits

transferred diversity
- property- choice of law of original court
- improper of in defiance of forum selection clause - choice of law of transferee

Question 12

Restrictions of CoL

Answer 12

Constitutional
- limit if state law chosen has not significant contract with and/or a legitimate interest in the litigation

Statutory
- if forum state has a statute that directs choice of law - apply statute

Question 13

Approaches for CoL

Answer 13

Vested rights of first restatement

interest analysis

most signification relationship of second restatement

Question 14

CoL stock paragraph 1

Answer 14

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 ___ approach.

Question 15

Vested rights approach stock paragraphs

Answer 15

1. 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.
2. This is a ___ (substantive area of law) case. Therefore, the applicable vesting rule is ____. Apply governing law and facts

Question 16

Interest analysis stock paragraph

Not affected by substantive law - approach is the same

Answer 16

1. 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.
2. Discuss which stated have legitimate interests. Characterized type of conflict. Choose governing law based on type of conflict. Apply law for result.

False conflict - only one state has a legitimate interest - apply law of interested state

true conflict - two or more states have a legitimate interest - if forum state is one of them, apply forum state law

Question 17

Most significant relationship approach stock paragraphs

Answer 17

1. 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. (where and why)
2. Discuss connecting facts, discuss policy principles. Choose governing law and apply.

Question 18

Torts approachs

Answer 18

Vesting rule
- the law where the injury occurred

Most significant relationship -

factual connection
- place of injury
- place of conduct causing the injury
- place where parties at home
- place where the relationship is centered

Policy principles
- policies of forum state
- policies of other connected states

General rule
- governing law is usually where injury occurred
- exception - the rules at issue is loss distribution and the parties share a common domicile - then law of domicile

Question 19

Contracts approaches

Answer 19

Choice of law provision
- enforceable if valid and express
- invalid if no reasonable relationship to contract, or provisions was included without true mutual consent

Vesting
- if case is about formation - place of contracting/execution
- if case is about performance - place of performance

Most significant
factual
- place of contracting
- place of negotiation
- place of performance
- place where parties are at home

Policy
- policy of forum
- policy of connected states
- reasonable expectations of the parties

Question 20

Property approaches

Answer 20

Real property
- law of situs

Personal property
- inter vivos transfer - situs at time of transaction
- inheritance - decedent’s domicile at date of death

Question 21

Family law approaches

Answer 21

Marriage
- if marriage is valid where performed - valid everywhere
- exception - temporary relocation for marriage that violates strong public policy in home state

Divorce
- forum applies own divorce laws

Chil status
- legitimacy governed by law of mother’s domicile at time of child’s birth
- validity of subsequent acts of legitimation of paternity are governed by law of father’s domicile

Question 22

Defenses to choice of law

Answer 22

Public policy

procedural rules
- will always apply its own procedural rules
- SOL is procedural - different from erie where substantive - Basically SoL of forum state
- borrowing statute - direct a court to look at both the forum limitations period and foreign limitations period and then apply the short period
- if normal choice of law leads to application of foreign statute that creates a substantive right - must apply the entire statute (wrongful death statutes)

Question 23

Domicile by operation of law

Answer 23

Newborns are assigned the domicile of their parents

in case of divorce - children assigned domicile of custodial parent

an mentally incompetent individual is assigned domicile of their parents

if become incompetent after acquiring a domicile by choice - retain chosen domicile