Conflict of Laws

Question 1

Requirements for Recognition of Judgments of a Sister State

Answer 1

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

2) Valid defenses?

Question 2

When do recognition of judgments come up?

Answer 2

When

1) a judgment has been entered by a court in one jurisdiction and

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

Question 3

What are the requirements for full faith and credit?

Answer 3

1) Jurisdiction – the state had jurisdiction over the parties and the subject matter

– if fully and fairly litigated, the jurisdictional determination is itself entitled to full faith and credit

2) Ruling on the merits or a default or consent judgment

NOT – lack of jurisdiction, misjoiner, improper venue, and failure to state a claim

3) Finality – not on appeal

Question 4

Which state law is used to determine the three requirements for recognizing judgments of a sister state?

Answer 4

The state law of the rendering state is used to evaluate whether the 3 requirements but the enforcing state’s laws govern the method of enforcement

Question 5

What are the defenses to sister state enforcement?

Answer 5

Penal judgments – offenses against the public

Extrinsic fraud – a fraud that could not be corrected during the regular course of proceedings leading to the judgment

Question 6

Invalid Defenses to Enforcing Sister States

Answer 6

Public policy

Mistake

Question 7

Foreign Judgments – Comity

Answer 7

A state court has discretion as to whether it will give effect to a foreign country’s judgment

Court looks at

1) did the foreign court have jurisdiction?

2) were the procedures in the foreign court fair?

Question 8

When does a conflict of laws arise?

Answer 8

1) lawsuit involves factual connections to multiple states

2) states have different laws

Question 9

Diversity exception to the Choice of Laws scenario?

Answer 9

Doesn’t apply when a federal court is sitting in diversity as the court will apply the law of the state in which it sits

Question 10

Constitutional Limits on Choice of Law

Answer 10

The Constitution imposes a limit only if a state’s law is chosen that has no significant contact with and/or legitimate interest in the litigation

Question 11

3 Choice of Law Approaches

Answer 11

1) Vesting rights (1st Restatement)

2) Most Significant Relationship Approach of the Second Restatement

3) Interest Analysis (Govt interest approach)

Question 12

Vesting Rights Approach

Answer 12

1) characterize the area of substantive law

2) determine the particular choice of law rule

3) localize the rule to be applied

Question 13

Most Significant Relationship Approach (2nd Restatement)

Answer 13

1) identify the connecting facts and

2) whether the policy-oriented principles should be considered
- needs of interstate systems

• relevant policies of forum
• policies and interests of other jurisdictions
• expectations of parties
• basic policies underlying substantive law
• predictability and uniformity of result
• ease of determination of foreign law

Question 14

Interest analysis

Answer 14

1. assume the forum will apply its own law unless requested to apply to another
2. If it is requested to apply another state’s law, check for false conflict (forum has no interest)
3. If false conflict –> law of interested state
4. True conflict, the forum reconsideres its policies
5. If the forum has no interest in applying its own law, it should dismiss the case if forum non convenient is available; if not, it may apply interested state’s law or law of the state that most closely resembles its own
6. If no interested state, most courts apply law of forum

Question 15

Torts Choice of Law

Answer 15

Vesting – Where injury occurred

2nd Rest.

factual: place of injury, of conduct causing injury, where the parties are at home, and where the relationship, if any, is centered

policy: the relevant policies of the forum state and relevant policies of other connected states

Question 16

Outcome and excpetions of Torts under either approach

Answer 16

Usually the place of injury

Exception

loss distribution rule – vicarious liability, immunity, etc.

parties share a common domicile

Question 17

Contracts Choice of Law

Answer 17

First look for a choice of law provision in the contract, if none look at approaches

1) Vesting approach
- if about formation – place of contracting

• if about performance – place of performance

2) 2nd Restatement considerations

Factual: place of k, place of negotiation, place of performance, place where parties at come

Policy principles: 1) policies of forum state, 2) relevant policies of other connected states, 3) reasonable expectations of the parties

Question 18

Property Choice of Law

Answer 18

Immovable property - law of situs

movable property:
1) inter vivos - situs at the time of the transaction

2) inheritance –> decedent’s domicile at the date of death

Question 19

Family Law Choice of Law

Answer 19

1) marriage valid where performend will be honored everywhere unless it was a temporary relocation for marriage

2) forums apply their own laws for divorce

3) child status (legitimacY)
- legitimacy of child governed by law of mother’s doicile at time of birth

• validity of subsequent acts of legitimation concerning paternity are governed by the law of the father’s domicile

Question 20

Corporations Choice of Law

Answer 20

Place of incorporation

Question 21

Defenses to Choice of Law

Answer 21

Public policy

Procedural rule always done by the forum court

Statute of limitations – procedural unless there’s a borrowing statute or limitations that condition a substantive right