Conflict of Laws

Question 1

What is the Rendering State?

Answer 1

State handing down judgment.

Question 2

What is the Recognizing State?

Answer 2

State called upon to recognize and enforce judgment.

Question 3

What two types of judgments can be recognized?

Answer 3

• Sister State judgments
• Foreign Country judgments

Question 4

What does Full Faith & Credit (FF&C) refer to?

Answer 4

Entitlement of a judgment to recognition and enforcement.

Question 5

What are the three FF&C requirements?

Answer 5

• Valid jurisdiction over both parties and subject matter
• Judgment must be on the merits
• Judgment must be final

Question 6

What is a good defense against FF&C?

Answer 6

• Judgment is penal
• Judgment procured by extrinsic fraud

Question 7

What are some bad defenses against FF&C?

Answer 7

• Tax Judgment
• Action based on cause of action violating public policy
• Mistakes of fact or law
• Inconsistent judgments

Question 8

True or False: Federal and State Courts must recognize judgments from each other.

Answer 8

True

Question 9

What grounds are foreign country judgments recognized on?

Answer 9

Same grounds as sister state judgments.

Question 10

What two standards must be satisfied for recognizing foreign judgments?

Answer 10

• Jurisdiction was proper
• Fair procedures were used in earlier litigation

Question 11

What are the requirements for a divorce decree to be recognized?

Answer 11

• Proper Subject Matter Jurisdiction (SMJ)
• At least one spouse must be domiciled where divorce granted

Question 12

What are the requirements for alimony and child support awards?

Answer 12

Court granting must have Personal Jurisdiction (PJ) over the spouse affected.

Question 13

Which court has jurisdiction over child custody awards?

Answer 13

Only the child’s home state.

Question 14

What are the two requirements for domicile by choice?

Answer 14

• Physical presence in a place
• Intent to be domiciled in that place

Question 15

What is domicile by operation of law?

Answer 15

A domicile assigned to someone lacking domicile capacity.

Question 16

Who gets the domicile of parents in case of infants?

Answer 16

Infants get domicile of their parents.

Question 17

What is the general question regarding choice of law?

Answer 17

Which state’s law governs if litigation involves multiple states with conflicting laws?

Question 18

What must the forum court use to select the law?

Answer 18

Its choice of law approach.

Question 19

What are the constitutional limitations on choice of law?

Answer 19

State must have significant contacts with and/or a legitimate interest in the litigation.

Question 20

What does the Erie Doctrine state?

Answer 20

In Federal diversity cases, court must apply substantive law of the state where court is located.

Question 21

What is Depecage?

Answer 21

Process of applying law of different states to decide different issues.

Question 22

What is Renvoi?

Answer 22

Forum may apply state’s internal law and conflicts rule if it doesn’t like foreign law.

Question 23

What is the traditional treatment of foreign law?

Answer 23

Law of any other state is treated as fact, not law.

Question 24

What types of judgments are involved in the recognition and enforcement of family law judgments?

Answer 24

• Divorce Decree
• Alimony & Child Support Awards
• Child Custody Awards

Question 25

What is the general rule regarding judicial notice of sister state and federal law?

Answer 25

Most states take judicial notice of sister state and Fed law.

Question 26

How is the treatment of foreign law divided among states?

Answer 26

Generally a matter for court, not jury.

Question 27

What law applies if both parties have the same domicile?

Answer 27

Apply that state’s law.

Question 28

What law is applied if the parties are from different states and the law of the place of the accident helps its citizens?

Answer 28

Apply that state’s law.

Question 29

What is the traditional vested rights approach?

Answer 29

For each substantive law area, there are 'vesting' rules regarding where P's rights vest.

Question 30

Where do rights vest in torts?

Answer 30

Place of injury.

Question 31

Where do rights vest in contracts?

Answer 31

Place of contract formation.

Question 32

Where do rights vest in real property?

Answer 32

Situs of land.

Question 33

What does the most significant relationship approach consider?

Answer 33

* Place of injury * Place of conduct causing injury * Place of home state * Place where relationship between parties centered.

Question 34

In contracts, what does the court apply according to the most significant relationship approach?

Answer 34

Law of the state most significantly related to the outcome of litigation.

Question 35

What is the general rule of the interest analysis approach?

Answer 35

Court applies its own law if it has a legitimate interest in the outcome of litigation.

Question 36

What happens in the case of a true conflict between different state laws?

Answer 36

Court seeks to identify which state has the greatest interest.

Question 37

What governs if there is a valid, express choice of law provision in a contract?

Answer 37

The provision governs unless invalid.

Question 38

What are the conditions under which a choice of law provision may be invalid?

Answer 38

* Law selected has no reasonable relationship with the contract * No true mutual assent.

Question 39

According to the vested rights approach, where do contract performance issues vest?

Answer 39

Place of performance.

Question 40

What does the better rule approach consider?

Answer 40

* Predictability * Maintenance of interstate and international order * Simplification of judicial task * Government interest * Application of better rule law.

Question 41

In torts, what is the situs for inter vivos transactions?

Answer 41

Situs at the time of transaction.

Question 42

What governs inheritance matters in personal property?

Answer 42

Domicile of decedent at time of death.

Question 43

What is the general rule regarding the validity of marriage?

Answer 43

If marriage valid where performed, valid everywhere.

Question 44

What is the exception to the general rule of marriage validity?

Answer 44

When domiciliaries of one state temporarily leave to marry elsewhere to avoid a prohibitory rule.

Question 45

Which law does the forum apply in divorce cases?

Answer 45

Its own divorce laws.

Question 46

What is the presumption regarding a child born out of wedlock?

Answer 46

Child is illegitimate unless mother is married.

Question 47

What governs the validity of subsequent acts of legitimation?

Answer 47

Law of father's domicile.

Question 48

What is the modern approach to the validity of legitimation acts?

Answer 48

Valid if sufficient under law of either father's or child's domicile.

Question 49

What is a defense against proposed choice of law based on public policy?

Answer 49

Must be extremely offensive ## Footnote Rarely accepted defense

Question 50

What types of law does the penal law defense apply to?

Answer 50

Only applies to offenses against public

Question 51

What happens if the law is procedural, not substantive?

Answer 51

Forum will apply its own law ## Footnote Procedural laws include: burden of proof laws, statutes of limitation, ability to bring counterclaims, etc.

Question 52

What are the two exceptions to the general treatment of statutes of limitation as procedural?

Answer 52

* Borrowing statutes * Statute conditions substantive rights

Question 53

What is the trend regarding statutes of limitation?

Answer 53

Treated as substantive matters

Question 54

In federal court due to diversity, what must be used?

Answer 54

State's choice of laws rules

Question 55

What are the four circumstances under which federal preemption of state law occurs?

Answer 55

* Express * Actual Conflict * Implied Conflict * Field Preemption

Question 56

What does express preemption entail?

Answer 56

Congress specifically prohibits states from enacting a law

Question 57

What characterizes actual conflict preemption?

Answer 57

State law in direct conflict with federal law

Question 58

What is implied conflict preemption?

Answer 58

Federal law itself established standard of federal preemption

Question 59

What is field preemption?

Answer 59

Conflict with federal treaty, foreign affairs, or tries to occupy area where Congress left no room

Question 60

How are default judgments treated for full faith and credit?

Answer 60

Considered 'on the merits' ## Footnote BUT, don't give rise to collateral estoppel because no issues have been litigated yet.

Question 61

What does the Dram Shop Act (DSA) establish?

Answer 61

Statutory liability on vendor of liquor if drunk customer injures another

Question 62

What is the general rule regarding liability if liquor is served in a state without a DSA?

Answer 62

Ct generally won't impose liability since D would be exempt

Question 63

What is a Springing Power of Attorney?

Answer 63

Instrument becomes effective only on the happening of specified future event

Question 64

What must the power-holder do for a Springing Power of Attorney to become effective?

Answer 64

Declare in writing that the event has occurred