Conflict Of Laws

Question 1

Family Law—full faith and credit

Answer 1

A state must recognize final judgments of other states so long as the judgment is on the merits and the other state had jurisdiction.

Question 2

Family Law—Recognition of marriage

Answer 2

A marriage which is valid under the law of the state where it was contracted will be valid elsewhere unless it violates a strong public policy of the state that has the most significant relationship to the spouses and the marriage (ex: polygamy or incest; not blood test requirements, license requirements, and common law marriage).

Common law marriage is virtually always tested when this principle is tested—if the marriage is recognized by the state where the couple entered into the marriage, it will be recognized by all other states.

Question 3

Family Law—jurisdiction over divorce vs. jurisdiction over spousal support and property division

Answer 3

Personal jurisdiction over both spouses is not necessary to render a divorce decree. The state rendering the decree only needs jurisdiction over the plaintiff spouse.

Personal jurisdiction over both spouses is necessary to issue a binding property division or support order.

“Divisible” divorce decree concept.

Question 4

Family Law—recognition of divorce

Answer 4

A divorce decree must be granted full faith and credit by other states if the court rendering the divorce decree had jurisdiction to enter it.

Question 5

Family Law—which state’s law governs premarital agreements?

Answer 5

Some states will apply the law of the state where the contract was executed. Other states (probably more numerous) apply the law of the state with the most significant relationship to the parties and transaction.

Question 6

Civil Procedure—Klaxon doctrine

Answer 6

A federal district court in a diversity case must apply the choice of law approach of the state in which it sits.

Question 7

Civil Procedure—if a case is transferred to a more appropriate forum, which forum’s law applies?

Answer 7

The law of the transferor court.

A court may transfer a case to any district court in which it could have been brought if convenience and the interest of justice favor a transfer. When a case is transferred to a more appropriate forum under this rule, then the new (transferee) court must apply the laws that the original (transferor) court would have applied (including their state choice of law rules).

If the case was initially filed in an improper forum and was transferred to a proper forum: transferee court applies its own law because the transferor court would not have the power to hear the case in the first place.

Question 8

Civil Procedure—Statute of limitations

Answer 8

Generally, a court will apply its own procedural laws even if the substantive laws of another state are applied to the case. A statute of limitations is generally considered procedural. Generally, a court applies its own statute of limitations UNLESS the claim would be barred by the law of the state with a more significant relationship to the parties.

Exception—borrowing statute: some states have borrowing statutes that indicate the other state’s statute should be used in certain cases.

Exception—characterization: when a SOL is specific to a particular kind of claim and was created by the law that created the cause of action to which it applies, courts will often characterize the SOL as substantive.

Exception—interest analysis: some states will simply use an interest analysis to resolve choice of law issues, including statute of limitations issues.

Question 9

Civil Procedure—choice of law clause in a contract claim:

Answer 9

If a contract specifies the state law that it will be governed by, generally that law will apply.

UNLESS: (1) the chosen state has no substantial relationship to the parties or the transaction and there is no other reasonable basis for the parties’ choice; or (2) application of the law of the chosen state would be contrary to a fundamental policy of a state that has a materially greater interest than the chosen state in the determination of the particular issue and which, under a “most significant relationship test” would be the state of the applicable law in the absence of an effective choice of law by the parties.

Question 10

Civil Procedure—tort claim

Answer 10

A jurisdiction analyzes a specific tort claim under the “most significant relationship” approach. Four factors (I Can’t Dance, Really): (1) place where the Injury occurred; (2) place where the Conduct causing the injury occurred; (3) Domicile, residence, nationality, place of incorporation, and place of business of the parties; and (4) the place where the Relationship, if any, between the parties is centered.

Question 11

Civil Procedure—real property

Answer 11

A court generally uses the law of the situs for land (i.e., the law where the real property is located). Occasionally, the state will characterize a dispute over real property as a contract dispute and look at which state has the most significant relationship to the property if it makes more sense in the given case.

Question 12

Decedents’ Estates—validity of a will

Answer 12

At common law, the validity of a will was determined under the law of the state where the testator was domiciled at the time of his death. Under the UPC, a will is valid if it complies either with the law of the state in which it was executed or with the law of the place where the testator was domiciled when he signed his will or when he died.

Question 13

Decedents’ Estates—personal property

Answer 13

Postmortem distribution of personal property is governed by the law of the state in which the decedent was domiciled at the time of his death.

Question 14

Decedents’ Estates—real property

Answer 14

Postmortem distribution of real property is governed by the law of the situs (i.e., the law of the place where the property is located).

Question 15

Decedents’ Estates—inheritance

Answer 15

Whether a child is entitled to inherit depends on the law of the intestate’s domicile at the time of death. However, this is inapplicable to real property as the law governing real property is the law of the situs.

Question 16

Rendering jurisdiction

Answer 16

The place where the judgment was originally entered

Question 17

Recognizing jurisdiction

Answer 17

Place where recognition is being sought

Question 18

Is the rendering jurisdiction a sister state?

Answer 18

1. Are the requirements of full faith and credit satisfied?

2. Are there any valid defenses?

Question 19

Is the rendering jurisdiction a foreign country?

Answer 19

Is the foreign judgment entitled to comity?

Question 20

Requirements of full faith and credit:

Answer 20

1. Jurisdiction—personal and subject matter. Exception: when the issue of jurisdiction has been fully and fairly litigated, then the jurisdictional determination is itself entitled to full faith and credit.
2. Merits—the judgment entered by the rendering state must have been on the merits (not on the merits if based on time bar, lack of jurisdiction, misjoinder, improper venue, failure to state a claim sometimes) BUT a default judgment IS on the merits.
3. Finality—judgment by the rendering court must be a final judgment—a judgment on appeal in the rendering jurisdiction is not final.

Note: these three requirements are evaluated with the law of the rendering state.

Question 21

Valid defenses to full faith and credit:

Answer 21

Penal judgments are not entitled to full faith and credit. These are judgments that punish an offense against the public (plaintiff in the suit that led to the judgment was the state).

A judgment obtained by extrinsic fraud is not entitled to full faith and credit. Extrinsic fraud: fraud that could not be corrected during the regular course of proceedings leading to the judgment.

Question 22

Attractive but invalid defenses to full faith and credit:

Answer 22

Public policy—even though one state disapproves of something, that is not enough to avoid full faith and credit.

Mistakes—even though the rendering state misapplied the law, the judgment is entitled to full faith and credit (rationale: should be appealed in the rendering state).

Question 23

Comity

Answer 23

Under the principles of comity, a recognizing court will exercise discretion to decide th whether the foreign judgment should be recognized.

1. Did the foreign court have jurisdiction?
2. Were the procedures in the foreign court fair?

Question 24

Choice of law core answer:

Answer 24

The governing law is the law selected by the forum court according to its choice of law approach.

Exceptions: diversity cases in federal court—apply choice of law approach of the state in which it sits; transferred diversity cases—apply the choice of law of the transferor court.

Question 25

Structure of a choice of law answer:

Answer 25

1. Describe choice of law: “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 (fill in applicable choice of law approach).”
2. Describe choice of law approach: vested rights; interest analysis; most significant relationship.
3. Apply choice of law approach.

Question 26

Vested rights choice of law approach

Answer 26

Under this approach the court will apply the law of the state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.

Torts: where the injury occurred
Contracts: formation—place of contracting; performance—place of performance

Question 27

Interest analysis choice of law approach

Answer 27

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.

Question 28

Most significant relationship choice of law approach

Answer 28

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: facts—injury; conduct causing injury; at home; centered relationship
Policy—forum state and other connected states

Property: facts—contracting; negotiations; performance; at home
Policy—forum state; other connected states; expectations of parties.

Question 29

A choice of law provision in a contract will…

Answer 29

Be enforced if it is valid and express.

Invalid if: (1) no reasonable relationship to the contract or (2) provision was included without true mutual assent.

Question 30

For movable (personal) property, if the case involves an inter vivos transaction, apply the law of the ___ at ___.

If the case involves a matter relating to inheritance, apply the law of the ___ at ___.

Answer 30

Situs; time of transaction

Decedent’s domicile; date of death

Question 31

If a marriage is valid where ____, it will be recognized as valid ____.

Answer 31

Performed; everywhere

Exception: when domiciliaries of one state temporarily relocate to another state to perform a marriage that violates a prohibitory rule in their home state, the state of domicile will not recognize the marriage.

Prohibitory rule: expresses strong public policy regarding marriage.

Question 32

The divorce forum will apply ___ laws.

Answer 32

It’s own

Question 33

Legitimacy of a child is governed by the law of ___.

Answer 33

The mother’s domicile at the time of the child’s birth.

Question 34

The validity of subsequent acts of legitimation are governed by the law of ___.

Answer 34

The father’s domicile.

Question 35

Defenses to choice of law

Answer 35

1. Public policy: forum court will not apply a law that is against its own fundamental public policy. Note: does not apply to recognition of judgments!
2. Procedural rules: regardless of the outcome of the choice of law analysis, the forum court will always apply its own procedural rules.

Question 36

Statutes of limitations have historically been viewed as ___.

Answer 36

Procedural

Exceptions:

• borrowing statutes: direct a court to look at both the forum limitations period and the foreign limitations period and then apply the shorter period.
• limitations that condition a substantive right: if the normal choice of law analysis leads to the application of a foreign statute that creates a substantive right, then apply the entire statute.

Question 37

Domicile by law

Answer 37

An individual who lacks domicile capacity is assigned one by law:

1. Children: newborns are assigned domicile of their parents; in divorce, children are assigned the domicile of their custodial parent.
2. Mental incompetents: a person who is mentally incompetent is assigned the domicile of their parents; if an individual becomes incompetent after acquiring a domicile by choice, the individual retains the chosen domicile.