Conflict of Laws

Question 1

3 requirements to apply full faith and credit:

Answer 1

1. Jurisdiction must have been proper.
2. Must have been on MERITS.
3. Judgment must be FINAL.

Question 2

Default judgment is considered:

Answer 2

on the merits. Full faith and credit applies.

Question 3

2 “Good” Defenses against applying full faith and credit.

Answer 3

1. Judgment is PENAL.

2. Judgment is obtained by EXTRINSIC FRAUD.

Question 4

2 “Bad” Defenses against applying FFaC:

Answer 4

1. Judgment is contrary to recognizing state’s public policy

2. Mistake of law and/or fact. (Should have appealed in RENDERING state.)

Question 5

Foreign Country Judgments

Answer 5

Comity: Same analysis as for sister state judgments.

Look for FAIRNESS. There should still be due process.

Question 6

Federal Court/Diversity Jurisdiction Issue

Opening sentence:

Answer 6

“Federal District Courts sitting in diversity jurisdiction will apply the CONFLICTS RULES OF THE STATE IN WHICH THEY ARE SITTING.”

Question 7

If the case has been transferred from another district:

Answer 7

the conflicts rules of the state in which the transferor court sits will apply.

Question 8

Substance/Procedure Dichotomy

Opening sentence:

Answer 8

In issue is whether the [given law from fact pattern] is substantive or procedural, FOR IF IT IS PROCEDURAL THE FORUM WILL APPLY ITS OWN LAW.

Question 9

Choice of Law: Approach:

Opening Paragraph:

Answer 9

In issue is which state’s law will govern the outcome of this litigation. It will be the law selected by the forum court using the (fill in applicable approach).

Question 10

Vested Rights Approach

Answer 10

The court will apply the law of the state MANDATED BY THE APPLICABLE VESTING RULE. The rule is selected according to the RELEVANT SUBSTANTIVE AREA OF LAW.

Question 11

Substantive Area/Vesting Rule: Torts

Answer 11

Place of INJURY

Question 12

Substantive Area/Vesting Rule: Contract FORMATION

Answer 12

Place of EXECUTION

Question 13

Substantive Area/Vesting Rule: Contract PERFORMANCE

Answer 13

Place of PERFORMANCE.

Question 14

Substantive Area/Vesting Rule: ALL Real Property Issues

Answer 14

Situs

Question 15

Substantive Area/Vesting Rule: Personal Property (Inter vivos transactions)

Answer 15

Situs at TIME of relevant transaction.

Question 16

Substantive Area/Vesting Rule: Inheritance Matters

Answer 16

DOMICILE of the Decedent at the DATE OF DEATH.

Question 17

Most significant relationship approach:

Answer 17

The court will apply the law of that state which is MOST SIGNIFICANTLY RELATED to the outcome of the litigation. To determine this, look at:

1. connecting facts, and
2. certain policy principles.

Question 18

Substantive Area/Most Related Facts: Torts

Answer 18

Place of INJURY
Place of CONDUCT causing injury
Place of the ‘HOME’ state
Place where the RELATIONSHIP between the parties is centered.

Question 19

Substantive Area/Most Related Facts: Contracts

Answer 19

Place of NEGOTIATION
Place of EXECUTION
Place of PERFORMANCE
Place of 'HOME STATE' 
Place where SuBJECT MATTER is located (if any)

Question 20

Substantive Area/Most Related Facts: ALL Real Property

Answer 20

Situs

Question 21

Substantive Area/Most Related Facts: Personal Property - Inter vivos transactions

Answer 21

Situs at the Time of the Relevant Transaction

Question 22

Substantive Area/Most Related Facts: Personal Property: Inheritance Matters

Answer 22

Domicile of the Decedent at Date of Death

Question 23

Interest Analysis Approach

Answer 23

The court will apply its own law as long as it has a LEGITIMATE interest in the outcome of litigation. If it has no legitimate interest, this is a FALSE CONFLICT case and it will apply the law of another state.

Tip: Forum ALMOST ALWAYS has a legit interest and applies its OWN law.

Question 24

Domicile requires 2 things:

Answer 24

1. Physical presence in a place, and

2. Intent to be domiciled in that place.

Question 25

Marriage:

Answer 25

when valid where celebrated will be recognized by a sister state.

Question 26

Divorce

Answer 26

A state must recognize a sister state’s divorce decree if the court had jurisdiction and the decree was final.

Question 27

Doctrine of divisible divorce

Answer 27

Jurisdiction over one spouse is not sufficient basis for dividing property or awarding custody or support

Question 28

Erie Doctrine:

Answer 28

in a case based solely on diversity, a federal district court will apply the SUBSTANTIVE law of the state in which it is located, including the state’s choice of law rules, but will apply federal law in procedural matters.