Conflict of Laws

Question 1

Recognition of Judgments

(Sister State)

Answer 1

1. Are the requirements of the full faith and credit clause satisfied?
   
   • Rendering state must have jurisdiction (PJ and SMG)
     
     • Unless issue of jurisdiction has been fully and fairly litigated
   • Rendering state must have issued judgment on the merits
     
     • ​Statute of limitation, lack of jursidiction, misjoinder, improper venue, and sometimes failure to state a claim are not on the merits
     • Default judgment on the merits because treats contentions as admitted
   • Rendering state judgment must be final
2. Are there any valid defenses?
   
   • Penal judgment (punishes an offense agains the public (i.e., state is the plaintiff)
   • Extrinsic fraud (fraud that could not be corrected during the regular course of the proceeding)
   • Not Defenses - public policy, mistake

Question 2

Recognition of Judgments

(Foreign)

Answer 2

Will the judgment be recognized under comity or treaty?

• Courts have discretion
• Will consider
  
  • whether the foreign court had jurisdiction,
  • whther the forieng court procedures were fair

Question 3

Choice of Law

Answer 3

The governing law is the law selected by the forum court according to its choice of law approach (Vested rights (first restatement), Interest Analysis, Most Significant Relationship (second restatement)), subject to exceptions and restrictions.

Exceptions:

• Diversity cases in federal court, apply law of state in which federal court sits
• Transferred diversity cases, the court applies the choice of law approach of the transfering court

Restrictions:

• Constitutional: Due Process and Full Faith and Credit -
  
  • can’t apply a state’s law that ha no significant contact with or legitimate interest in the litigation
• Statutory
  
  • If the forum state has a statute that directs choice of law, it should be applied

Question 4

Structure of a Choice of Law Answer

Answer 4

1. Describe Choice of Law
2. Describe Choice of Law Approach
   
   1. Vested Rights (1st Restatement)
   2. Interest Analysis
   3. Most Significant Relationship (2nd Restatement)
3. Apply and Conclude

Question 5

Choice of Law (Paragraph 1)

Answer 5

The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the form state using:

1. Vested Rights (first restatement)
2. Interest analysis
3. Most significant relationship (second restatement)

Question 6

Choice of Law (Paragraph 2 and 3: Vested Rights)

Answer 6

• Paragraph 2:
• Under this approach (vested rights), the court will apply the law of the state mandated by the applicable vesting rule. That rule is selected according to the relavant substantive area of law.
• Paragaph 3:
  
  • Catagorize the substantive are of law,
  • State the applicable vesting rule,
• • Apply the vesting rule to determine the governing law,
    
    • Apply the governing law to determine the result

Question 7

Choice of Law (Paragraphs 2 and 3: Interest Analysis)

Answer 7

• Paragraph2
  
  • Under this approach (interest analysis), the court will consider which states have a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum state has no legitimate interest, will apply the law of another interested state.
• Paragraphs 3
  
  1. Discuss which states have legitimate interests
  2. Characterize the type of conflict
     
     • False Conflict - only 1 state has legit interest
     • True Confict - 2 interested states
  3. Chooose the governing law based on the type of conflict
     
     • False conflict - apply the law of the interested state
     • True conflict - apply the law of the forum state
  4. Apply the law to determine the result

Question 8

Choice of Law (Paragraphs 2 and 3: Most significant relationship)

Answer 8

• Paragraph 2
  
  • Under this approach (must significant relationship), the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.
• ​Paragraph 3
  
  • Discuss connecting facts
  • Discuss policy principles
  • Choose the governing law based on most significan relationship
  • Apply the governing law to determine the result

Question 9

Vesting Rule (1st Restatment) Applicable Vesting Rules

Answer 9

• Torts
  
  • Where injury occured
• Contracts
  
  • If about formation = place of execution
  • If about performance = place of performance
• Poperty
  
  • Inter vivos transaction = law of situs at time of transaction
  • Inheritance = law of decedent’s domicile at time of death
• Family Law
  
  • Marriage = where performed, except if temporarily relocate to perform a marriage that violates a prohibatory rule in the home state)
  • Divoroce = forum state applies its own divorce laws

Question 10

Defenses to Choice of Law

Answer 10

1. Public Policy - a court will not apply a law that is against its own fundamental public policy
   
   • Reminder, this does not apply against recognition of judgments
2. Procedural Rules - forum court applies its own procedural rules
   
   • Statute of Limitations are generally procedural
     
     • Borrowing statute - generally direct a court to consider both forum and foreign periods and choose the shorter
     • If applying a foreign statute that creates a substantive right, apply the whole statute (include SoL)