Conflict of Laws Flashcards
3 requirements to apply full faith and credit:
- Jurisdiction must have been proper.
- Must have been on MERITS.
- Judgment must be FINAL.
Default judgment is considered:
on the merits. Full faith and credit applies.
2 “Good” Defenses against applying full faith and credit.
- Judgment is PENAL.
2. Judgment is obtained by EXTRINSIC FRAUD.
2 “Bad” Defenses against applying FFaC:
- Judgment is contrary to recognizing state’s public policy
2. Mistake of law and/or fact. (Should have appealed in RENDERING state.)
Foreign Country Judgments
Comity: Same analysis as for sister state judgments.
Look for FAIRNESS. There should still be due process.
Federal Court/Diversity Jurisdiction Issue
Opening sentence:
“Federal District Courts sitting in diversity jurisdiction will apply the CONFLICTS RULES OF THE STATE IN WHICH THEY ARE SITTING.”
If the case has been transferred from another district:
the conflicts rules of the state in which the transferor court sits will apply.
Substance/Procedure Dichotomy
Opening sentence:
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.
Choice of Law: Approach:
Opening Paragraph:
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).
Vested Rights Approach
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.
Substantive Area/Vesting Rule: Torts
Place of INJURY
Substantive Area/Vesting Rule: Contract FORMATION
Place of EXECUTION
Substantive Area/Vesting Rule: Contract PERFORMANCE
Place of PERFORMANCE.
Substantive Area/Vesting Rule: ALL Real Property Issues
Situs
Substantive Area/Vesting Rule: Personal Property (Inter vivos transactions)
Situs at TIME of relevant transaction.
Substantive Area/Vesting Rule: Inheritance Matters
DOMICILE of the Decedent at the DATE OF DEATH.
Most significant relationship approach:
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:
- connecting facts, and
- certain policy principles.
Substantive Area/Most Related Facts: Torts
Place of INJURY
Place of CONDUCT causing injury
Place of the ‘HOME’ state
Place where the RELATIONSHIP between the parties is centered.
Substantive Area/Most Related Facts: Contracts
Place of NEGOTIATION Place of EXECUTION Place of PERFORMANCE Place of 'HOME STATE' Place where SuBJECT MATTER is located (if any)
Substantive Area/Most Related Facts: ALL Real Property
Situs
Substantive Area/Most Related Facts: Personal Property - Inter vivos transactions
Situs at the Time of the Relevant Transaction
Substantive Area/Most Related Facts: Personal Property: Inheritance Matters
Domicile of the Decedent at Date of Death
Interest Analysis Approach
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.
Domicile requires 2 things:
- Physical presence in a place, and
2. Intent to be domiciled in that place.
Marriage:
when valid where celebrated will be recognized by a sister state.
Divorce
A state must recognize a sister state’s divorce decree if the court had jurisdiction and the decree was final.
Doctrine of divisible divorce
Jurisdiction over one spouse is not sufficient basis for dividing property or awarding custody or support
Erie Doctrine:
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.
