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MEE Rule Statements > Conflict of Laws > Flashcards

Conflict of Laws Flashcards

1
Q

Two Testing Areas

A
  1. Recognition of Judgments
  2. Choice of Law
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2
Q

Recognition of Judgments

When do recognition of judgment questions arise?

A

When, (1) a judgment has been entered by a court in one jx, and (2) a party is seeking to have that judgment recognized by a court in a different jx.

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3
Q

Recognition of Judgment

Rendering jx

A

Where the original judgment was made

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4
Q

Recognition of Judgment

Recognizing Jx

A

Where the recognition is being sought

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5
Q

Recognition of Judgment

What is the analysis?

A
  1. Is the rendering jx a sister state or foreign country?
  • If a sister state
    1. Are the requirements of full faith and credit satisfied?
    2. Are there any valid defenses?
    **If answer to 1 is yes and answer to 2 is no recognition required. **
  • If foreign country
    1. Is the foreign judgment entitled to comity?
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6
Q

Recognition of Judgment

Requirements for Full Faith and Credit to be Satisfied

A
  1. The rendering state must have had jx over the parties (SMJ and PJ)
    - EXCEPTION: when the issue of jx has been fully and fairly litigated.
  2. The judgement entered by the rendering state must have been on the merits.
  3. The judgment entered must be a final judgment.

These three requirements are evaluated using the law of the rendering state.

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7
Q

Recognition of Judgment

Examples of Cases not decided on the merits

A

S.O.L.
Lack of Jx
Misjoinder
Improper Venue; and
Failure to State a Claim

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8
Q

Recognition of Judgments

CAUTION: Default Judgments

A

A Default Judgment treats all factual contentions as admitted and is therefore heard on the merits.

Consent Judgment entered after settlement is also considered “on the merits.”

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9
Q

Recognition of Judgments

Are there any valid defenses?

A
  1. A penal judgment is not entitled to full faith and credit. It is one that punishes an offense against the public.
  2. A judgment obtained by extrinsic fraud is not entitled to FF&C. Extrinsic fraud is fraud that could not be corrected during the regular course of proccedingsleading to the judgment.
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10
Q

Recognition of Judgments

CAUTION: Invalid Defenses

A
  1. Public Policy
  2. Mistake
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11
Q

Recognition of Judgment

Foreign Judgments

A

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

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12
Q

Recognition of Judgment

What do judges consider when dealing with foreign rulings?

A
  1. Did the foreign court have jx? (discretion applied)
  2. Were the procedures in the foreign court fair? (discretion applied)
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13
Q

Choice of Law

When do choice of law questions arise?

A
  1. The lawsuit involves factual connections with multiple states, AND
  2. The multiple states will have different laws leading to different results.
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14
Q

Choice of Law

Which state’s law will govern?

A

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

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15
Q

Choice of Law

Exceptions to the general rule

A
  1. Diversity Cases filed in Federal District Court (choice of law approach of the state where it sits.)
  2. Transferred Diversity cases.
    - When filed in proper venue and transferred apply the og courts C.o.L approach
    - When improper, or filed in defiance of a FSC, law of the tranferee court will apply.

Forum Selection clause

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16
Q

Choice of Law

Constitutional Restrictions on Forum Court’s Choice

A

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

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17
Q

Choice of Law

Statutory Restrictions on Forum Court’s Choice

A

If the forum state has a statute that directs a choice of law, then the forum should apply that statute instead of the usual choice of law approach.

Borrowing Statutes

18
Q

Choice of Law

Vested Rights Approach

First Restatement

A
  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 are of law.
  2. Categorize the law, state the applicable vesting rule, apply the vesting rule to to determine the governing law, apply that law to determine result

EX. This is a torts case. Therefore, the applicable vesting rule is the place of injury. Here, the injury occurred in Michigan and thus Michigan law applies. Under Michigan law, a non-paying passenger cannot recover against the driver, and so the claim is barred.

19
Q

Choice of Law

Interest Analysis

A

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.

20
Q

Choice of Law

Types of Conflict for an Interest Analysis

A
  1. False - arises when only one state has a legitimate interest
  2. True - arises when two or more states have a legitimate interest
21
Q

Choice of Law

Most Significant Relationship Approach

A

Under this approach the court will apply the law of the state which most significantly related to the outcome of the litigation.
1. Discuss connecting facts
2. Discuss policy principles
3. Choose governing law based on most significant relationship
4. Apply the governing law to determine the result.

22
Q

Substantive Application

Torts First Restatement (Vested Rights)

A

The governing law is the law where the injury occurred.

23
Q

Substantive Application

Torts Second Restatement (Interest):
Factual Connections

A

Considerations include:
1. place of injury
2. place of the conduct causing the injury
3. place where the parties are at home
4. place wheter the relationship, if any, is centered

24
Q

Substantive Application

Torts Second Restatement (Interest):
Policy Principles

A
  1. The relevant policies of the forum state.
  2. The relevant policies of other connected states
25
Q

Substantive Application

Usual Outcomes and Exceptions

A

The governing law will almost always be the law of the place of injury.

Excpetions usually kick in when:
1. The rule at issue is a loss distribution rule (loss limitation, vicarious liability, and rules eliminating liability)
2. The parties share a common domicile.

26
Q

Substantive Application

Choice of Law Provision

A

A choice of law provision will be enforced if it is valid and express.

If in doubt find the provision invalid.

27
Q

Substantive Application

When is a Choice of Law provision invalid?

A
  1. The law selected has no reasonable relationship to the contract.
  2. The provision was included without true mutual consent.
28
Q

Substantive Application

Contracts First Restatement (Vested Rights Approach)

A
  1. If the case is about formation, you apply the law of the place of contracting. Considerations include: (1) capacity, (2) contractual formalities, and (3) consideration.
  2. If the case is about performance, you apply the law of the place of performance.
29
Q

Substantive Application

Contracts Second Restatement (Interest Analysis)

A

Factual Considerations:
1. Place of contracting
2. Place of negotiation
3. Place of Performance
4. Place where parties are at home

Policy Principles include:
1. Relevant policies of the forume state,
2. Relevant policies of other connected staes
3. Reasonable expectations of the parties

30
Q

Substantive Application

Real Property

A

Apply the law of the situs.

31
Q

Substantive Application

Personal Property

A
  1. If the case involves an inter vivos transaction, apply the law of the situs at the time of the transaction
  2. If the case involves a matter relating to inheritance, apply the law of the decedent’s domicile at the date of death (rule of D’s)
32
Q

Substantive Application

Family Law - Marriage

A

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

EXCEPTION: When domilicaries of one state temporariliy relocate to another state to enter into a marriage that violates a prohibition in their home state, the state of domicile will not recognize their marriage.

33
Q

Substantive Application

Family Law - Divorce

A

The forum will apply its own divorce laws.
Rationale: to acquire jx, at least one of the parties must be domiciled in the state.

34
Q

Substantive Application

Family Law - Child’s Status
(Legitimacy Rules)

A
  1. Legitimacy of a child is governed by the law of the mother’s domicile at the time of the child’s birth.
  2. The validity of subsequent acts of legitimation concerning paternity are governed by the law of the father’s domicile.
35
Q

Choice of Law

Defenses

A
  1. Public Policy
  2. Procedural Rules
36
Q

Choice of Law

Defenses - Public Policy

A

A forum court will not apply a law that is against its own fundamental public policy.

REMEMBER: This is for choice of law NOT recognition of judgment

37
Q

Choice of Law

Defenses - Procedural Rules

A

Regardless of the outcome of the choice of law analysis, the forum court will always apply its own procedural rules.

38
Q

Choice of Law

Statute of Limitations

A

Generally, the statute of limitations is views as procedural unless:
1. Borrowing Statute: direct a court to look at both the forum limitation period and the foreign limitations period and then apply the shorter of the bunch.
2. Limitations that condition a substantive right: If the normal choice of law analysis leads to the application of a foreign statute then apply the entire statute.

39
Q

Domicile

Domicile by Choice

A

An individual with domicile capacity acquires domicile when:
1. physical presence in the new domicile; and
2. intent to remain permanently

40
Q

Domicile

Domicile by Operation of Law

A

An individual who lacks domicile capacity is assigned to one by law.

41
Q

Domicile

Children

A
  1. Newborns are assigned the domicile of their parents
  2. In cases of divorce, children are assigned the domicile of their custodial parent.
42
Q

Domicile

Incompetents

A
  1. Individual who is mentally incompetent is assigned the domicile of their parents
  2. If an individual becomes incompetent after acquiring a domicile by choice, they retain the chosen domicile

MEE Rule Statements (4 decks)

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