Conflict of Laws Flashcards
What is the Rendering State?
State handing down judgment.
What is the Recognizing State?
State called upon to recognize and enforce judgment.
What two types of judgments can be recognized?
- Sister State judgments
- Foreign Country judgments
What does Full Faith & Credit (FF&C) refer to?
Entitlement of a judgment to recognition and enforcement.
What are the three FF&C requirements?
- Valid jurisdiction over both parties and subject matter
- Judgment must be on the merits
- Judgment must be final
What is a good defense against FF&C?
- Judgment is penal
- Judgment procured by extrinsic fraud
What are some bad defenses against FF&C?
- Tax Judgment
- Action based on cause of action violating public policy
- Mistakes of fact or law
- Inconsistent judgments
True or False: Federal and State Courts must recognize judgments from each other.
True
What grounds are foreign country judgments recognized on?
Same grounds as sister state judgments.
What two standards must be satisfied for recognizing foreign judgments?
- Jurisdiction was proper
- Fair procedures were used in earlier litigation
What are the requirements for a divorce decree to be recognized?
- Proper Subject Matter Jurisdiction (SMJ)
- At least one spouse must be domiciled where divorce granted
What are the requirements for alimony and child support awards?
Court granting must have Personal Jurisdiction (PJ) over the spouse affected.
Which court has jurisdiction over child custody awards?
Only the child’s home state.
What are the two requirements for domicile by choice?
- Physical presence in a place
- Intent to be domiciled in that place
What is domicile by operation of law?
A domicile assigned to someone lacking domicile capacity.
Who gets the domicile of parents in case of infants?
Infants get domicile of their parents.
What is the general question regarding choice of law?
Which state’s law governs if litigation involves multiple states with conflicting laws?
What must the forum court use to select the law?
Its choice of law approach.
What are the constitutional limitations on choice of law?
State must have significant contacts with and/or a legitimate interest in the litigation.
What does the Erie Doctrine state?
In Federal diversity cases, court must apply substantive law of the state where court is located.
What is Depecage?
Process of applying law of different states to decide different issues.
What is Renvoi?
Forum may apply state’s internal law and conflicts rule if it doesn’t like foreign law.
What is the traditional treatment of foreign law?
Law of any other state is treated as fact, not law.
What types of judgments are involved in the recognition and enforcement of family law judgments?
- Divorce Decree
- Alimony & Child Support Awards
- Child Custody Awards
What is the general rule regarding judicial notice of sister state and federal law?
Most states take judicial notice of sister state and Fed law.
How is the treatment of foreign law divided among states?
Generally a matter for court, not jury.
What law applies if both parties have the same domicile?
Apply that state’s law.
What law is applied if the parties are from different states and the law of the place of the accident helps its citizens?
Apply that state’s law.
What is the traditional vested rights approach?
For each substantive law area, there are ‘vesting’ rules regarding where P’s rights vest.
Where do rights vest in torts?
Place of injury.
Where do rights vest in contracts?
Place of contract formation.
Where do rights vest in real property?
Situs of land.
What does the most significant relationship approach consider?
- Place of injury
- Place of conduct causing injury
- Place of home state
- Place where relationship between parties centered.
In contracts, what does the court apply according to the most significant relationship approach?
Law of the state most significantly related to the outcome of litigation.
What is the general rule of the interest analysis approach?
Court applies its own law if it has a legitimate interest in the outcome of litigation.
What happens in the case of a true conflict between different state laws?
Court seeks to identify which state has the greatest interest.
What governs if there is a valid, express choice of law provision in a contract?
The provision governs unless invalid.
What are the conditions under which a choice of law provision may be invalid?
- Law selected has no reasonable relationship with the contract
- No true mutual assent.
According to the vested rights approach, where do contract performance issues vest?
Place of performance.
What does the better rule approach consider?
- Predictability
- Maintenance of interstate and international order
- Simplification of judicial task
- Government interest
- Application of better rule law.
In torts, what is the situs for inter vivos transactions?
Situs at the time of transaction.
What governs inheritance matters in personal property?
Domicile of decedent at time of death.
What is the general rule regarding the validity of marriage?
If marriage valid where performed, valid everywhere.
What is the exception to the general rule of marriage validity?
When domiciliaries of one state temporarily leave to marry elsewhere to avoid a prohibitory rule.
Which law does the forum apply in divorce cases?
Its own divorce laws.
What is the presumption regarding a child born out of wedlock?
Child is illegitimate unless mother is married.
What governs the validity of subsequent acts of legitimation?
Law of father’s domicile.
What is the modern approach to the validity of legitimation acts?
Valid if sufficient under law of either father’s or child’s domicile.
What is a defense against proposed choice of law based on public policy?
Must be extremely offensive
Rarely accepted defense
What types of law does the penal law defense apply to?
Only applies to offenses against public
What happens if the law is procedural, not substantive?
Forum will apply its own law
Procedural laws include: burden of proof laws, statutes of limitation, ability to bring counterclaims, etc.
What are the two exceptions to the general treatment of statutes of limitation as procedural?
- Borrowing statutes
- Statute conditions substantive rights
What is the trend regarding statutes of limitation?
Treated as substantive matters
In federal court due to diversity, what must be used?
State’s choice of laws rules
What are the four circumstances under which federal preemption of state law occurs?
- Express
- Actual Conflict
- Implied Conflict
- Field Preemption
What does express preemption entail?
Congress specifically prohibits states from enacting a law
What characterizes actual conflict preemption?
State law in direct conflict with federal law
What is implied conflict preemption?
Federal law itself established standard of federal preemption
What is field preemption?
Conflict with federal treaty, foreign affairs, or tries to occupy area where Congress left no room
How are default judgments treated for full faith and credit?
Considered ‘on the merits’
BUT, don’t give rise to collateral estoppel because no issues have been litigated yet.
What does the Dram Shop Act (DSA) establish?
Statutory liability on vendor of liquor if drunk customer injures another
What is the general rule regarding liability if liquor is served in a state without a DSA?
Ct generally won’t impose liability since D would be exempt
What is a Springing Power of Attorney?
Instrument becomes effective only on the happening of specified future event
What must the power-holder do for a Springing Power of Attorney to become effective?
Declare in writing that the event has occurred
