Conflict of Laws Flashcards
Recognition of foreign judgment:
“Due process” clause requirements?
Significant contact / aggregation of contacts
Recognition of foreign judgment:
“Full faith and credit” clause requirements?
(1) Proper jurisdiction in rendering court
(2) Judgment on merits
(3) Judgment final
ACCORDING TO LAW OF STATE THAT RENDERED JUDGMENT!!
Erroneous determination of jurisdiction by rendering court?
Bootstrap doctrine:
If question of jurisdiction was “fully and fairly litigated” -> determination is res judicata even if wrong.
Default and consent judgments - on the merits?
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)
Examples of judgement not on merits
Lack of jurisdiction
P’s lack of capacity to bring suit
Misjoinder of parties
Misjoinder of causes of action
Finality - what if it is modifiable re future payments (eg. child support)?
Final for past due installments.
Not final for future modifiable installments.
Sufficient defenses to “full faith and credit”:
Penal judgment
Subject to equitable defenses in rendering state (obtained by extrinsic fraud)
Unsufficient defenses to “full faith and credit”:
Tax judgment
Contrary to public policy in enforcing state
Mistake of law or fact
Res judicata effects of sister state judgment
“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.
Foreign country judgments - comity rule
Voluntary and discretionary.
1) Had jurisdiction?
(2) Fair procedures used (compared to enforcing state’s
Domicile of child
Father
or parent who has custody.
Incompetent’s domicile
Parents
or last one before becoming incompetent
When does Due Process clause and Full Faith and Credit clause allow state to apply its own law?
State has “significant contacts” with parties of matter, whereby it has a legitimate interest in regulating outcome.
If not –> can violate Due Process clause.
NY approach - “Interest Analysis”
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.
Tort - which law applies to question whether cause of action exists?
NY law.
Tort - which law applies to question of proper conduct?
Law of place of tort.
Tort - which law applies to question of loss distribution?
Law of common domicile (between players)
Tort - weird stuff like dram shop, charitable contribution, workmen’s comp etc
Ask whether state has interest in applying as matter of policy, under “interest analysis”
Workmen’s comp, when injury out of NY, but significant contacts with NY
NY law.
Workmen’s comp award in state that grants immnunity from tort?
Other state will respect. NY has interest in protecting immunity.
Contract choice of law - exceptions:
Contrary to public policy
No reasonable basis
No “true consent”
NY SoF circumvented
UCC rules
Can supersede choice of laws clause, if law doesn’t permit
NY General Obligations law - large contracts
> $250k - can expressly agree on NY law even though no reaonable relation to NY.
(Not labor or personal services governed by UCC)
Usurious contracts
Sustained if valid under law of any state with reasonable relationship.
Auto insurance
State where policy was written(!)
Real property / personal property
Law of situs emphasized.
Inheritance (this is by statute)
Real property
Intestate: Situs.
Testate: Situs (but formal validity acc to NY or state of execution or domicile)
Inheritance
Personal property
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
Marriage, annulment
Validity acc to law “where celebrated” - UNLESS subject to “prohibitory rule” at place of domicile.
Divorce
Domicile
Alimony, child support
Law of state that ordered payments.
Arguments against application of foreign law:
(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
Proof of foreign law - judicial notice of state/federal law?
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
