Conflict of Laws

Question 1

What 2 conditions need to be satisfied to have your judgement recognized

Answer 1

(1) judgement issued by a court entering a judgement
(2) party wants that judgement recognized

Question 2

Recognition of Judgements (Full Test)

Answer 2

(1) is it a sister state or foreign court?

Sister State:
Full Faith and Credit:
(1) PJ/SMJ
(2) Final Judgement
(3) On the Merits

No Defenses
(1) Extrinsic Fraud
(2) Penal

Foreign Court:
(1) Full Faith and Credit Requirements
(2) Foreign Court has Jurisdiction
(3) Foreign Court has fair procedure

Question 3

FFC: jurisdiction rule

Answer 3

jurisdiction over both parties and subject matter jurisdiction except if it was fully and fairly litigated (you get to challenge jurisdiction once)

Question 4

FFC: judgement on the “merits”

Answer 4

threshold issues and statute of limitations are not judgements on the merits

dismissal for failure to state a claim w/ prejudice is final on the merits

Default is on the merits bc it treats all factual contentions as admitted

Question 5

FFC: “Final” Judgement

Answer 5

a judgement on appeal is not final - need to wait for it to be resolved

modifiable decrees are not final - it’s a finding that can be changed at any time

past due accrued payments which have accrued under an existing decree are final

Question 6

Defenses to FFC (List them)

Answer 6

Penal Judgements

Extrinsic Fraud

Question 7

Defenses to FFC: Penal Judgements

Answer 7

penal judgements are not enforced by another state (where punished for an offense against the public - i.e. the state is a party)
punitive damages are NOT penal

Question 8

Defenses to FFC: Extrinsic Fraud

Answer 8

could not be corrected during regular course of proceedings
- think judicial bribe, not perjury

Question 9

Foreign Court Requirements

Answer 9

Full Faith and Credit (PJ/SMJ - final judgement on the merits)

Jurisdiction

Fairness of foreign court proceedings

Question 10

Vesting Rule

Answer 10

under vested rights approach, the forum court will apply the law of the stated mandated by the applicable vesting rule. the vesting rule is seleted according ot the relevant substantive area of law

Question 11

Vest Rule Torts

Answer 11

This is a tort case
The vesting rule for tort cases applies the law of the place of injury

here, the injury occurred in X

Under X law, Y result

Question 12

Vesting Rule: Contracts

Answer 12

this is a K case involving a question of formation/performance

the applicable vesting rule is the law of the place of contracting or performance

Question 13

Interest Analysis Rule

Answer 13

under interest analysis 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 has no legitimate interest, then it will apply the law of the other interested state

Question 14

to determine which state is legitimately interested

Answer 14

(1) which states have legitimate interests
(2) does only 1 state have an interest? –> false conflict; if more than one state has an interest, then true conflict
(3) if false conflict, then apply the law of the interested state; if true conflict then apply law of forum state

Question 15

Most Significantly Relationship Approach (Rule)

Answer 15

under this approach, the court will apply the law of the state with the most significant relationship to the outcome of the litigation. to determine, the court will consider connecting facts and policy principles

Question 16

Most Sig. Rel: Tort

Answer 16

(1) Connected Facts
place of injury, place of conduct causing the injury, where parties are at home, where relationship

(2) Public Policy: relevant policies of the forum state; relevant parties of connected states

Question 17

Most Sig. Relationship: Contracts

Answer 17

(1) Connected Facts:
place of contracting, negotiation, performance, and where parties are at home
(2) Public Policy: forum state policy and policies of other connected states, parties expectancy

Question 18

Governing Law for Proprety

Answer 18

immoveable property: apply law of situs

moveable property:
if inter vivos, then law of the situs at time of transaction

if by deed, then decedent domicile at date of death