Conflict of Laws Flashcards
Recognition of judgments
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
Rendering jurisdiction
the place where the judgment was originally entered
recognizing jurisidiction
the place where recognition is being sought
Sister state
Are the requirements of full faith and credit satisfied
are there any valid defenses
Foreign country
is the foreign judgment entitled to comity
Are the requirements for full faith and credit satisfied
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
Are there any defenses to full faith and credit
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
Not defenses to full faith and credit
Public policy
mistake
Comity
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
Choice of law
Lawsuit involved factual connections with multiple states
the states have different laws leading to different results
what law will govern
What law governs
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
Restrictions of CoL
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
Approaches for CoL
Vested rights of first restatement
interest analysis
most signification relationship of second restatement
CoL stock paragraph 1
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.
Vested rights approach stock paragraphs
- 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.
- This is a ___ (substantive area of law) case. Therefore, the applicable vesting rule is ____. Apply governing law and facts
Interest analysis stock paragraph
Not affected by substantive law - approach is the same
- 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.
- 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
Most significant relationship approach stock paragraphs
- 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)
- Discuss connecting facts, discuss policy principles. Choose governing law and apply.
Torts approachs
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
Contracts approaches
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
Property approaches
Real property
- law of situs
Personal property
- inter vivos transfer - situs at time of transaction
- inheritance - decedent’s domicile at date of death
Family law approaches
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
Defenses to choice of law
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)
Domicile by operation of law
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
