Conflict of Laws

Question 1

Recognition of foreign judgment:

“Due process” clause requirements?

Answer 1

Significant contact / aggregation of contacts

Question 2

Recognition of foreign judgment:

“Full faith and credit” clause requirements?

Answer 2

(1) Proper jurisdiction in rendering court
(2) Judgment on merits
(3) Judgment final
ACCORDING TO LAW OF STATE THAT RENDERED JUDGMENT!!

Question 3

Erroneous determination of jurisdiction by rendering court?

Answer 3

Bootstrap doctrine:

If question of jurisdiction was “fully and fairly litigated” -> determination is res judicata even if wrong.

Question 4

Default and consent judgments - on the merits?

Answer 4

Yes.
(They give rise to “merger and bar” - all preceding events merge into judgment and bar re-trial)
(They DO NOT give rise to “collateral estoppel” - re facts actually litigated)

Question 5

Examples of judgement not on merits

Answer 5

Lack of jurisdiction
P’s lack of capacity to bring suit
Misjoinder of parties
Misjoinder of causes of action

Question 6

Finality - what if it is modifiable re future payments (eg. child support)?

Answer 6

Final for past due installments.

Not final for future modifiable installments.

Question 7

Sufficient defenses to “full faith and credit”:

Answer 7

Penal judgment

Subject to equitable defenses in rendering state (obtained by extrinsic fraud)

Question 8

Unsufficient defenses to “full faith and credit”:

Answer 8

Tax judgment
Contrary to public policy in enforcing state
Mistake of law or fact

Question 9

Res judicata effects of sister state judgment

Answer 9

“Merger” of plaintiff’s case into judgment
“Bar” P suing again if judgment favors D
“Collateral estoppel” issue of fact actually litigated - cannot claim different fact later.

Question 10

Foreign country judgments - comity rule

Answer 10

Voluntary and discretionary.

1) Had jurisdiction?
(2) Fair procedures used (compared to enforcing state’s

Question 11

Domicile of child

Answer 11

Father

or parent who has custody.

Question 12

Incompetent’s domicile

Answer 12

Parents

or last one before becoming incompetent

Question 13

When does Due Process clause and Full Faith and Credit clause allow state to apply its own law?

Answer 13

State has “significant contacts” with parties of matter, whereby it has a legitimate interest in regulating outcome.
If not –> can violate Due Process clause.

Question 14

NY approach - “Interest Analysis”

Answer 14

Assumption: Forum applies its own law.
If other law is requested, ask:
(1) Does forum have interest in litigation? If not - “false conflict”
(2) Both states have interests –> “true conflict”, applies forum law if it has a “legitimate interest”
(3) “Disinterested forum” + “forum non conveniens” –> dismiss.
(4) No state has interest - usually apply forum law.

Question 15

Tort - which law applies to question whether cause of action exists?

Answer 15

NY law.

Question 16

Tort - which law applies to question of proper conduct?

Answer 16

Law of place of tort.

Question 17

Tort - which law applies to question of loss distribution?

Answer 17

Law of common domicile (between players)

Question 18

Tort - weird stuff like dram shop, charitable contribution, workmen’s comp etc

Answer 18

Ask whether state has interest in applying as matter of policy, under “interest analysis”

Question 19

Workmen’s comp, when injury out of NY, but significant contacts with NY

Answer 19

NY law.

Question 20

Workmen’s comp award in state that grants immnunity from tort?

Answer 20

Other state will respect. NY has interest in protecting immunity.

Question 21

Contract choice of law - exceptions:

Answer 21

Contrary to public policy
No reasonable basis
No “true consent”
NY SoF circumvented

Question 22

UCC rules

Answer 22

Can supersede choice of laws clause, if law doesn’t permit

Question 23

NY General Obligations law - large contracts

Answer 23

> $250k - can expressly agree on NY law even though no reaonable relation to NY.
(Not labor or personal services governed by UCC)

Question 24

Usurious contracts

Answer 24

Sustained if valid under law of any state with reasonable relationship.

Question 25

Auto insurance

Answer 25

State where policy was written(!)

Question 26

Real property / personal property

Answer 26

Law of situs emphasized.

Question 27

Inheritance (this is by statute)

Real property

Answer 27

Intestate: Situs.
Testate: Situs (but formal validity acc to NY or state of execution or domicile)

Question 28

Inheritance

Personal property

Answer 28

Intestate: Domicile.
Testate: Domicile, exceptions:
- Formality - any of 3 jurisdictions;
- Instrincic validity: if OK under domicile at time of execution, later change of domicile doesn’t matter
- Interpretation: Domicile at time of execution
- Revocation/alteration: Domicile when that was done

Question 29

Marriage, annulment

Answer 29

Validity acc to law “where celebrated” - UNLESS subject to “prohibitory rule” at place of domicile.

Question 30

Divorce

Answer 30

Domicile

Question 31

Alimony, child support

Answer 31

Law of state that ordered payments.

Question 32

Arguments against application of foreign law:

Answer 32

(1) No application of foreign procedural law (law of forum says whether procedural)
(NY - arbitrary table about what is procedural/substantive)
(2) Against public policy (statutorily authorized to enforce only if reciprocity in other state)
(3) Penal or tax law

Question 33

Proof of foreign law - judicial notice of state/federal law?

Answer 33

NY courts have discretion to do this (and then no need to prove as it is fact)
If:
(1) Party requests
(2) Furnishes enough info
(3) Notice to adverse party