Conflict of Laws Intro cards Flashcards
1
Q
(i) ______ of ______ refers to a group of (ii) _____ ______ addressing issues arising if case cross state or national (iii) _______, implicating the varying laws, policies or interests of multiple (iv) _______.
A
(i) conflict of laws; (ii) legal doctrines; (iii) borders; (iv) jurisdictions
2
Q
Conflict of laws consists of three subtopics: (i) ______ _______ (a court’s power to litigate disputes if parties are from multiple ______); (ii) _____ of _____ (which law to apply); and (iii) ______ and ______ of _______.
A
(i) judicial jurisdiction, jurisdictions; (ii) choice of law; (iii) recognition and enforcement of judgments
3
Q
(i) ______ is the place where the law deems a (ii) ____ or _____ person to be (ii) __ ____.
A
(i) domicile; (ii) natural or juridical; (iii) at home
4
Q
The three bases for domicile are: (i) domicile of _________ (intent to be there); (ii) domicile of _____; and domicile by ________.
A
(i) choice; (ii) origin; (iii) operation
5
Q
(i) ______ typically share the same (ii) ______, there there is not legal rule requiring a common (iii) _____.
A
(i) spouses; (ii) domicile; (iii) domicile
6
Q
A (i) _______ is domiciled in its state of (ii) _______ and the state of its (iii) _____ ______ of business.
A
(i) corporation; (ii) incorporation; (iii) principal place
7
Q
An unincorporated business is domiciled in the state of its (i) ________ _______ of ______ or alternatively, in (ii) ____ ______ where any one of its (iii) _____ _______ is domiciled.
A
(i) principal place of business; (ii) any state; (iii) equity owners
8
Q
The jurisdiction of (i) ________ is the jurisdiction whose (ii) _______-of-_______ rules will apply.
A
(i) domicile; (ii) conflict-of-laws
9
Q
There are three types of personal jurisdiction: (i) _____, (ii) __________, and (iii) _________
A
(i) in personam; (ii) in rem; and (iii) quasi in rem
10
Q
(i) __ ________ jurisdiction is a court’s jurisdiction over (ii) (ii) ___ _______ to a case before that court, whether natural or artificial.
A
(i) in personam; (ii) any person
11
Q
(i) __ ____ and (ii) ____ ___ ______ jurisdiction are a court’s jurisdiction over specific items of (ii) ____ or (iv) _____ ______-
A
(i) in rem; (ii) quasi in rem; (iii) real; (iv) personal property
12
Q
A court exercising (i) ___ _____ jurisdiction determines all the interests that anyone on (ii) _____ might have in a (iii) _____ __ _______, called the (iv) _____.
A
(i) in rem; (ii) Earth; (iii) piece of property; (iv) res
13
Q
A court exercising (i) ____ __ __ jurisdiction decides the rights that certain people, (ii) ___ ____ ______, have in a (iii) ____ _____ of property. (iv) ____ __ ____ type 2 jurisdiction, also called (v) ________ jurisdiction, was historically used to sue a defendant in a court that lacked (vi) __ ______ jurisdiction over the defendant and involved petitioning for the (vii) _____ of the defendant’s (viii) ____ ______ in the forum state.
A
(i) quasi in rem; (ii) not all people; (iii) particular piece; (iv) Quasi in rem; (v) attachment; (vi) in personam; (vii) attachment; (viii) real property
14
Q
Courts have several basis to establish personal jurisdiction over a defendant: (i) _______ or (ii) _____ in the forum state; (iii) _______ or ______; (iv) _______ in the forum state (i.e., (v) _______ jurisdiction); and by (vi) ______ of _______ to jurisdiction in the forum state.
A
(i) domicile; (ii) residence; (iii) citizenship or nationality; (iv) presence; (v) transient; (vii) waiver of objection
15
Q
A plaintiff is (i) ____ to (ii) _______ to a court’s personal jurisdiction by filing suit in that court.
A
(i) deemed; (ii) consent
16
Q
A defendant’s (i) _______ ________ in court – an (ii) _______ to (iii) ______ the case on the (iv) ______, without any objection to personal jurisdiction, (v) _____ the defendant’s (vi) ______ and (vii) ______ of any objection to the court’s personal jurisdiction.
A
(i) general appearance; (ii) appearance; (iii) defend; (iv) merits; (v) constitutes; (vi) consent; (vii) waiver
17
Q
A defendant’s (i) ________ or (ii) _______ ______ in court – an (iii) _________ only to challenge the court’s jurisdiction – does not (iv) _____ the defendant to the court’s personal jurisdiction.
A
(i) limited; (ii) special appearance; (iii) appearance; (iv) subject
18
Q
A (i) _____-_______ clause is generally a valid form of (ii) _______ to personal jurisdiction.
A
(i) forum-selection; (ii) consent
19
Q
If particular (i) ______ is the focus of litigation, then (ii) ________ of the (iii) _______ is a valid method to confirm (iv) __ _____ or (v) ___ ___ _____ jurisdiction.
A
(i) property; (ii) attachment; (iii) property; (iv) in rem; (v) quasi in rem
20
Q
(i) _______, ____, or ________ of property in the forum state may furnish a basis for (ii) _______ ______, apart from any attachment.
A
(i) ownership, use, or possession; (ii) personal jurisdiction
21
Q
A (i) _________ is subject to (ii) _______ _________ _______ in the states in which it is (iii) _________ and its (iv) principal ______ of ________.
A
(i) corporation; (ii) general personal jurisdiction; (iii) incorporated; (iv) principal place of business
22
Q
State courts may assert (i) ______ _______ over an out-of-state (foreign) (ii) ____________ based on (A) the (iii) ________’s or its agents (iv) _____ in the state; or (B) its out-of-state (v) _________ that have (vi) _______ in the state.
A
(i) personal jurisdiction; (ii) corporation; (iii) corporation’s; (iv) acts; (v) activities: (vi) effects
23
Q
A foreign (i) _________’s appointment of a (ii) ______ ______ to accept (iii) ______ of ________ typically also establishes (iv) ________ to (v) ________ personal jurisdiction, and in some states, (vi) ________ personal jurisdiction.
A
(i) corporation’s; (ii) registered agent; (iii) process of service; (iv) consent; (v) specific; (vi) general
24
Q
Every state has a (i) _____-_____ _____ prescribing the state’s authority over out-of-state (ii) _______.
A
(i) long-arm statute; (ii) defendants
25
Federal courts, like state courts, must have (i) _______ ________ to render valid, binding judgments
(i) personal jurisdiction
26
Under Federal Rule of Civil procedures (FRCP) 4(k)(1), a federal (i) _______ court has (ii) ________ _______ over a (iii) _________ if the courts of the state where the district court is located would have (iv) ______ __________ over that (v) ________.
(i) district; (ii) personal jurisdiction; (iii) defendant; (iv) personal jurisdiction; (v) defendant
27
FRCP 4(k)(1) allows a federal (i) _____ _______ to assert (ii) ______ _________ over a party (iii) _______ under FRCP 14 ( (iv) _____-______ practice and (v) ________) or FRCP 19 ( (vi) _______ _______) if service occurs within a U.S. judicial (vii) ________ within (viii) ______ miles of where the (ix) _______ was issued. This is the (x) ____ mile (xi) _____ rule.
(i) district court; (ii) personal jurisdiction; (iii) joined; (iv) third-party; (v) impleader; (vi) required joinder; (vii) district; (viii) 100; (ix) summons; (x) 100; (xi) bulge
28
In a (i) _____-______s case in federal (ii) ______ ______, if no (iii) ______ _______ would have personal jurisdiction over the (iv) ________, (v) ______ of ______ is sufficient to establish perusal jurisdiction over the (vi) _____.
(i) federal-questions; (ii) district court; (iii) state court; (iv) defendant, (v) service of process; (vi) defendant
29
For any (i) ______ against a (ii) _______ to be valid, the (iii) ________ requires that the (iv) _______ have adequate (v) _______ and an adequate (vi) ______ to be _____.
(i) judgment; (ii) defendant; (iii) Constitution; (iv) defendant; (v) notice; (vi) opportunity to be heard
30
(i) __ ______ requires that the party (ii) _______ a lawsuit make (iii) ______ _______ to give the opposing party (iv) _______ of the lawsuit. This is usually done through (v) _______ of ______. All jurisdictions have adopted statutes or court rules setting forth more specific directions for fixing (vi) ______.
(i) Due process; (ii) initiating; (iii) reasonable efforts; (iv) notice; (v) service of process; (vi) notice
31
(i) ___ _______ requires that the (ii) _______ receive the (iii) _______ to be ______. This generally requires that the (iv) _______ have both (A) the chance to be (v) ________ and have the decision maker consider (vi) _______ and (vii) ______ and (B) (viii) ______ _____ to prepare the case.
(i) due process; (ii) defendant; (iii) opportunity to be heard; (iv) defendant; (v) present; (vi) arguments; (vii) evidence; (viii) reasonable time
32
Courts will not exercise (i) ______ ______ over foreign (ii) ______ or (iii) _______ of _______ if customary (iv) _______ law or a (v) _____ forbids it.
(i) diplomatic immunity; (ii) diplomat; (iii) heads of state; (iv) international; (v) treaty
33
Courts will not exercise (i) _______ ________ over a (ii) _____ or a (iii) ______ who has been granted (iv) ________ from service of process to facilitate participation in another judicial proceeding in the forum.
(i) personal jurisdiction; (ii) witness; (iii) lawyer; (iv) immunity
34
Traditionally, a state could exercise (i) __________ only over (ii) _______ or (iii) _______ (iv) _______ in the forum stat's territory. (v) ________ ________ is no longer a requirement for (vi) _________ ________. (vi) _________ jurisdiction remains constitutional valid, even if the person being served is present only (vii) ________ in the state
(i) jurisdiction; (ii) persons; (iii) property; (iv) present; (v) physical presence; (vi) personal jurisdiction; (vii) transient; (vii) temporarily
35
If the defendant proves the requirement for (i) _____ ___ ______ are satisfied, a court will (ii) _____ a case over which it has jurisdiction, in favor of a more (iii) _______ forum
(i) forum non conviens; (ii) dismiss; (iii) convenient
36
The federal test for forum non convenes has three parts: (A) a (i) ________ in favor of the plaintiff's (ii) _____ of _____; (B) the defendant's (iii) ________ of an (iv) _______ ________ forum; (C) the court's application of a (v) ___-_______ (vi) _____-interest and (vii) ______-interest (viii) _________ test.
(i) presumption; (ii) choice of forum; (iii) demonstration; (iv) adequate alternative; (v) ten-factor; (vi) private; (vii); (viii) balancing
37
Because state courts lack the power to transfer (i) ______ _____'s courts, (ii) ______ ___ _______ has broader scope and applicability in state court than in federal court.
(i) another state's; (ii) forum non conviens
38
The (i) ____ _____ clause of the (ii) ______ _____ limited the state courts' ability to exercise (iii) _____ _____ over an (iv) _____-of-________ (v) _______. Contemporary (vi) ______ _______ consists of (vii) _____ personal jurisdiction and (viii) _______ personal jurisdiction.
(i) due process; (ii) fourteenth amendment; (iii) personal jurisdiction; (iv) out-of-state; (v) defendant; (vi) personal jurisdiction; (vii) general; (viii) specific
39
If a court has (i) _________ personal jurisdiction over a (ii) ________, it may hear (iii) ____ ______ against that (iv) ______.
(i) general; (ii) defendant; (iii) any claim; (iv) defendant
40
For a court to have (i) _______ personal jurisdiction over a (ii) _____________ _________ who is (iii) ____ ____ in the forum state: (A) the (iv) ________ must have (v) ______ ______ with the forum state; and (B) the court's exercise of personal jurisdiction must be consistent with (vi) _____ _____ of (vii) _____ ______ and (viii) _____ ______
(i) specific; (ii) non-consenting defendant; (iii) not present; (iv) defendant; (v) minimum contacts; (vi) traditional notions; (vii) fair play; (viii) substantial justice
41
(i) _______-__-______ issues arise if a court hearing a case must decide (ii) ___ ________'s ______ governs each aspect of the dispute.
(i) choice-of-law; (ii) which jurisdiction's law
42
(i) _____ _____ is the law (both federal and state) of the (ii) _______ in which the court sits. (iii) ______ ____ is the law of any jurisdiction other than the (iv) _____.
(i) forum law; (ii) jurisdiction; (iii) foreign law; (iv) forum
43
(i) ______ ________ is the process of deterring what kind of issues are presented in a case (for choice of law analysis).
(i) legal characterization
44
(i) __________ is the process of splitting a case or claim into (ii) ________ claims or issues, each of which receives a separate (iii) ______-__-_____ analysis. Courts vary in how they apply (iv) _________. Courts do not *use* (v) __________ to apply different jurisdiction's laws to different parties to a case. (vi) _________ parties may agree that different bodies of law will govern different parts of the (vii) ________ in a (viii) _____-__-______ clause.
(i) depeçage; (ii) subsidiary; (iii) choice-of-law; (iv) depeçage; (v) depeçage; (vi) contracting; (vii) contract; (viii) choice-of-law.
45
After deciding whether (i) _____ ____ should govern, the court must determine the content of the relevant (ii) _____ ______. If a court cannot determine the content of the (iii) ____ ______, the forum court may: (A) (iv) _____ the claim; (B) apply (v) _____ ____ but presume that (vi) ______ _____ is the same as forum law; or (C) apply (vii) ______ law.
(i) foreign law; (ii) foreign law; (iii) foreign law; (iv) dismiss; (v) foreign law; (vi) foreign law; (vii) forum
46
Once a court has decided that (i) ________ ____ governs, (ii) _______ addresses whether the court should select the specific (iii) _______ rule that would govern the (iv) _______ of the issue in the other jurisdiction, or whether it should act as if it were hearing the case in the other jurisdiction, which would mean applying the other jurisdiction's (v) ______-__-_______ rules.
(i) foreign law; (ii) renvoi; (iii) substantive; (iv) merits; (v) choice-of-law
47
(i) ________-______ is a jurisdiction's (ii) ______ rules or decision of rules or procedures, minus its (ii) _____-__-____ rules. (iv) ______ _____ is the combination of the jurisdiction's (v) ______-______ and its (vi) _____-__-_____ rules.
(i) internal-law; (ii) substantive; (iii) choice-of-law; (iv) whole law; (v) internal-law; (vi) choice-of-law
48
If a court applies another jurisdictions (i) _____ ____, then it accepts the (ii) _______. If a court looks only to the other jurisdiction's (iii) _____-____, then it rejects the (iv) _____. The general rule in every US state is to (v) _______ the (vi) _______.
(i) whole law; (ii) renvoi; (iii) internal-law; (iv) renvoi; (v) reject; (vi) renvoi
49
A minority of states follow the traditional (i) ____-____ approach found in the (ii) _________ (First) of (iii) _____-__-_____. Most states follow one of the more modern (iv) ______-_____ approaches, particularly the (v) ____-________-________ of the (vi) __________ (Second) of (vii) _____-__-_____.
(i) vested-rights; (ii) restatement; (iii) choice-of-law; (iv) interest-based; (v) most-significant-relationship (vi) testament; (vii) choice-of-law
50
Under the traditional (i) ___-_____ approach of (ii) ______-__-____ the law of the place where a (iii) _____ _____ took place (i.e., where the parties' rights (iv) _____) should govern the case.
(i) vest-rights; (ii) choice-of-law; (iii) critical event; (iv) vested
51
The (i) _______ _________ theory of (ii) _____-__-____ holds that jurisdiction has an (iii) ______ in applying its laws to a case only if the facts created a (iv) _______ between that jurisdiction and the (v) ______ and bring the (vi) ______ within the polices of that the jurisdiction's rules of law are meant to advance.
(i) interest analysis; (ii) choice-of-law; (iii) interest; (iv) connection; (v) dispute; (vi) dispute
52
To apply the (i) ______ _______ theory of (ii) _____-__-_____, a court must: (A) determine each (iii) _______ _______'s ______ on the relevant issue; (B) determine which jurisdictions do (or may) have an (iv) _______ in applying their policies to the case, based on each jurisdiction's (v) __________ to the (vi) ______ and (vii) ______; and (C) select which (viii) ________'s ____ to ______, based on which jurisdictions have an (ix) ______.
(i) interest analysis; (ii) choice-of-law; (iii) relevant jurisdiction's policy; (iv) interest; (v) connection; (vi) parties and (vii) facts; (vii) jurisdictions law to apply; (ix) interest.
53
For the (i) _______ ________ theory of (ii) _______-__-_____, the decision of which jurisdiction's (iiii) ______ to _____ largely depends on what type of (iv) ______ the court's evaluation of (v) ________ reveals.
(i) interest analysis; (ii) choice-of-law; (iii) law to apply; (iv) conflict; (v) interests
54
For the (i) ______ ________ theory of (ii) _____-__-_____, a (iii) _______ ________ arises if an interest analysis demonstrates that only (iv) _____ jurisdiction has an (v) _______ in applying its policy to the case. Courts generally apply the law of the (vi) ______ ________ with an (vii) _______.
(i) interest analysis; (ii) choice-of-law; (iii) false conflict; (iv) one; (v) interest; (vi) one jurisdiction; (viii) interest
55
For the (i) ______ _______ theory of (ii) ____-__-____-, an (iii) _________ ________ arises if an (iv) _____ ______ shows that (v) _______ jurisdictions (vi) ______ have an (vii) _______ in applying their laws to a case. A more moderate interpretation might sidestep the (viii) ______ by revealing only (ix) _____ jurisdiction with an (x) _____.
(i) interest analysis; (ii) conflict-of-laws; (iii) apparent conflict; (iv) interest analysis; (v) multiple; (vi) might; (vii) interest; (viii) conflict; (ix) only; (x) interest.
56
For the (i) _______ ______ theory of (ii) _____-__-____, a (iii) _____ _____ arises only if a (iv) _______ between the laws of (v) _________ jurisdictions with an (vi) _______ is (vii) __________ even after the court applies a more (viii) _______ ______ of each state's policy or laws. Courts and commentators differ on how (ix) ____ _____ should be resolved.
(i) interest analysis; (ii) choice-of-law; (iii) true conflict; (iv) conflict; (v) multiple; (vi) interest; (vii) unavoidable; (viii) moderate interpretation; (ix) true conflict
57
For the (i) ______ ______ theory of (ii) _____-__-_____-, an (iii) ______-___ ____ arises if (iv) ____ jurisdiction has a (v) ______ _____ in applying its law. Courts usually apply the (vi) _____ law.
(i) interest analysis; (ii) choice-of-law; (iii) unprovided-for case; (iv) no; (v) legitimate interest; (vi) forum
58
For (i) ____-__-____, the (ii) _________ restatement seeks to apply the law of the jurisdiction with the (iii) _____ _______ ______ to the issue being decided. Many sections of the (iv) _______ restatement provide (v) _______ _______ for deciding (vi) ______-__-____ issues in given (vii) _______ of law. The (viii) _______ restatement embraces (ix) _________, so different jurisdiction's laws might apply to different (x) ______ in the case.
(i) choice-of-law; (ii) second; (iii) most significant relationship; (iv) second; (v) general rules; (vi) choice-of-law; (vii) area; (viii) second; (ix) depeçage, (x) issues
59
For (i) ______-__-____ purposes, an issue is (ii) _______ if by resolving it, the court determines the (iii) _____'s legal (iv) _______ and _______.
(i) choice-of-law; (ii) substantive; (iii) parties'; (iv) rights and responsibilities
60
For (i) _____-__-_____ purposes, an issue is (ii) _______ if it goes to the (iii) _______ _______ to conduct litigation and determine the parties' rights and responsibilities.
(i) choice-of-law; (ii) procedure; (iii) judicial processes
61
If a (i) ____-__-____ exception applies, a court will not enforce (ii) _______ ____ or hear a (iii) _______ ______ of _______ even if the background (iv) ___-__-_____ rules would call upon it to do so.
(i) choice-of-law; (ii) foreign law; (iii) foreign cause of action; (iv) choice-of-law
62
The defenses that can be used as an exception to (i) ____-__-_____ are operative if: (A) the (ii) _______ _____ ________ the forum's strong (iii) _______ _____; or, (B) the (iv) ______ of _______ would require the forum to enforce another jurisdiction's (v) _______ _____; or (C) the (vi) _______ of ________ would require the forum to enforce the (vii) ______ _____ of a foreign nation, unless a (viii) _____ _____ or (ix) _____ requires it. Most states will entertain (x) ______ of _____ to enforce other states' (xi) _______ laws and the (xii) _____ or (xiii) ______ judgments of another state's courts.
(i) choice-of-law; (ii) foreign law contravenes; (iii) strong public policy; (iv) cause of action; (v) penal laws; (vi) cause of action; (vii) revenue laws; (viii) federal statute; (ix) treaty; (x) causes of action; (xi) revenues; (xii) tax; (xiii) revenue
63
Under (i) ______ principles of (ii) __ ____ and (iii) ___ ____ and ______, a state may (iv) ______ apply its own (v) _______ law if it has a (vi) _________ ______ to the case. A state may (vii) _______ apply its own (viii) _______ _______ to litigation regardless of other (ix) _______ to the parties and the dispute.
(i) constitutional; (ii) due process; (iii) full faith and credit; (iv) constitutionally; (v) substantive; (vi) significant connection; (vii) constitutionally; (viii) procedural law; (ix) connections
64
Under the (i) ______ ______ of the (ii) __ _______, (iii) ______ law is (iv) ________ over state law. If a state court faces a (v) ______ between state law and (vi) _____ law, the state court must apply (vii) _____ law.
(i) supremacy clause; (ii) US constitution; federal; (iv) supreme; (v) conflict; (vi) federal; (viii) federal
65
(i) _________ doctrine applies in two situations: (A) (ii) _____ ______ (i.e., federal law (iii) _____ states that it (iv) _______ state law) and (B) (v) ________ _______ (i.e., federal law (vi) ________ the (vii) _____ or if applicable federal and state law (viii) ______).
(i) preemption; (ii) express preemption; (iii) expressly; (iv) overrides; (v) implied preemption; (vi) occupies; (vii) field; (viii) conflict
66
Conflicts among (i) _____ laws are resolved by these rules: (A) the (ii) ____ _______ is superior to any other federal law; (B) (iii) _____ _____ and (iv) _______ are on (v) ______ ______ to each other; (C) (vi) _____ _____ and (vii) ________ are superior to (viii) ________, (ix) presidential _______ ________, and federal (x) _____ _____; (D) if a (xi) ______ ______ and (xii) _____ conflict, courts will give priority to the more (xiii) ______ of the two, under the (xiv) ___-in-____ rule.
(i) federal; (ii) US Constitution; (iii) federal statutes; (iv) treaties; (v) equal footing; (vi) federal statutes; (vii) treaties; (viii) regulations; (ix) presidential executive orders; (x) common law; (xi) federal statute; (xiii) treaty; (xiii) recent; (iv) last-in-time.
67
The (i) ________ doctrine is the (ii) ________ rule in (iii) _______ cases that the (iv) ______ courts will apply (v) ____ _____ law and (vi) ______ _____ law.
(i) Erie; (ii) federal; (iii) diversity; (iv) federal; (v) state substantive; (vi) federal procedural
68
Per the (i) _____ doctrine, (ii) ________ law includes the (iii) ______ of _______ by which a court determines the (iv) ____'s (v) ________ and _______ and decides the case on the (vi) _____-. A federal court hearing a (vii) _____ case must apply the same (viii) _____-__-____ rules as the courts of the (ix) _______ in which the (x) ____ ____ ___.
(i) Erie; (ii) substantive; (iii) rules of decision; (iv) parties'; (v) rights and responsibilities; (vi) merits; (vii) diversity; (viii) choice-of-law; (ix) state; (x) federal court sits
69
Per the (i) _____ doctrine, (ii) _______ is the process for (iii) _______ cases and (iv) _______ (v) _____ and _____ under the substantive law. A (vi) _____ court sitting in (vii) _______ will apply (vii) ________ ________ rules alongside any (viii) ______ rules that (ix) ____ ____ _____ with the (x) _______ ______ rules.
(i) Erie; (ii) procedure; (iii) administering; (iv) enforcing; (v) rights and duties; (vi) federal; (vii) diversity; (viii) state court; (viii) federal; (ix) do not conflict; (x) federal procedural
70
Per the (i) _____ doctrine, (ii) ____ courts may make (iii) _____ _____ ____ to address: (A) (iv) _____ between (v) _____ and their (vi) ______ subdivisions; or (B) (vii) _______ law; or (C) (viii) _____ of the U.S. government-issued on (ix) ____ ______; or (D) the (x) ____ of U.S. government (xi) _______ to (xii) _______ ___; and (E) (xiii) ____-______ issues not otherwise provided for in federal law.
(i) Erie; (ii) federal; (iii) federal common law; (iv) disputes; (v) states; (vi) political; (viii) admiralty; (ix) commercial paper; (x) liability; (xi) contractors; (xii) private parties; (xiii) federal-relations
71
The main doctrines governing recognition and enforcement of federal judgments are the (i) ____ ____ __ ______, (ii) _______ _______, and (iii) _____ _____
(i) full faith and credit; (ii) claim preclusion; (iii) issue preclusion
72
(i) ______ ______ ____ _____ doctrine compels states and federal courts to (ii) _____ the (iii) _____, _____ judgments of other states or federal courts. A court gives (iv) _______ ______ ___ _____ to a judgment by giving that judgment the (v) ____ _____ that the judgment would receive in its court of (vi) _______. A (vii) ____ judgment requires that (A) the parties has (viii) _____ ____ of the action and a (ix) _____ _______ to be heard, and (B) that the court had (x) _____ _______ over the parties and (xi) ______-______ _____ over the dispute. A final judgment (xii) ______ the (xiii) _______ by determining all issues necessary to decide the controversy on its (ix) _____.
(i) full faith and credit; (ii) recognize; (ii) valid, final; (iv) full faith and credit; (v) same effect; (vi) origin; (vii) valid; (viii) reasonable notice; (ix) reasonable opportunity; (x) personal jurisdiction; (xi) subject-matter jurisdiction; (xii) ends; the (xiii) litigation; (xiv) merits.
73
(i) _____ ______, also known as (ii) ___ ______, prevents re-litigation of claims that were or (iii) _____ ___ _____ litigated in a (iv) ______ action that ended with a (v) _____ and (vi) _____ judgment. A party asserting (vii) _____ _______ must show: (A) a (viii) ____, ____ judgment on the (ix) _____ in the (x) ____ action; (B) the (xi) _____ of ______ between the current and (xii) ____ actions; and (C) the (xiii) _____ of ______ between the current and (xiv) _____ actions.
(i) claim preclusion; (ii) res judicata; (iii) should have been; (iv) prior; (v) valid; (vi) find; (vii) claim preclusion; (viii) valid, final; (ix) merits; (x) prior; (xi) identity of claims; (xii) prior; (xiii) identity of parties; (xiv) prior.
74
(i) _______ _______, also known as (ii) ______ ______, prevents re-litigation of (iii) _____ legal or (iv) ____ issues, as opposed to entire (v) _____ or (vi) _______ of ______, there were litigated and decided in a (vii) ____ action that ended in a (viii) _____ and (ix) __ judgment. A party asserting (x) _____ _______ must show that the (xi) ______ in the second claim was: (A) (xii) _______ to the one raised in the prior action; (B) was (xiii) ______ ______ and decided in the prior action; and (C) was (xiv) _______ to the prior judgment. The party asserting (xv) ______ _____ must also show that the party against whom (xvi) _______ _______ is asserted had a (xvii) ____ and _____ opportunity to litigate the issue in a prior action.
(i) issue preclusion; (ii) collateral estoppel; (iii) specific; (iv) factual; (v) claim; (vi) cause of action; (vii) prior; (viii) valid; (ix) final; (x) issue preclusion; (xi) issue; (xii) identical; (xiii) actually litigated; (xiv) necessary; (xv) issue preclusion; (xvi) issue preclusion; (xvii) fun and fair
75
A judgment is *not* entitled to (i) _____ ____ and _____ if: (A) it was obtained by (ii) _______ ______; (B) it was based on (iii) ________ or (iv) _______ of the court or an attorney; (C) the court that rendered it lacked (v) _____ or (vi) ______-_____ _______; or (D) it (vii) _______ affects (viii) _____ to _____ in a state other than the forum state.
(i) full faith and credit; (ii) extrinsic fraud; (iii) corruption; (iv) duress; (v) personal; (vi) subject matter jurisdiction; (vii) directly; (viii) title to land
76
In a (i) ________ divorce, the court's judgment of divorce will be considered (ii) _____ and entitled to (iii) _____ ___ and ______ in other jurisdictions. In (iv) __ ____ divorce, the courts of the state in which the (v) _____ spouse is (vi) ________ may (vii) ________ determine whether the (viii) ______ spouse was (ix) _______ in the state that issued the judgment and (x) _______ to give the divorce judgment (xi) ______ ______ and _____ based on that decision.
(i) bilateral; (ii) conclusive; (iii) full faith and credit; (iv) ex parte; (v) defendant; (vi) domiciled; (vii) independently; (viii) plaintiff; (ix) domiciled; (x) decline; (xi) full faith and credit.
77
A (i) ________ is said to be (ii) _____ if the courts of more than one state have jurisdiction to enter different judgments related to the termination of a marriage.
(i) divorce; (ii) divisible
78
If the court adjudicating a (i) _____ has (ii) _______ _____ over both (iii) ______, it may divide their (iv) ____ property, including (v) _________ located (vi) _____ __ ____. If the court has (vii) _______ _______ over only one (viii) ________, its decree can affect only (ix) ______ in the (x) _____ state.
(i) divorce; (ii) personal jurisdiction; (iii) spouses; (iv) marital; (v) property; (vi) in another state; (vii) personal jurisdiction; (viii) spouse; (ix) property; (x) forum
79
If the court adjudicating a (i) ____ has (ii) _______ ____ over both (iii) ______ or at least the (iv) ______ _____, it may award spousal or child (v) _______. The award will be entitled to (vi) _____ ____ ____ ____. Modification and enforcement of (vii) _____-______ and ______-_____ orders are governed by the Uniform Interstate Family Support Act (UIFSA). Enforcement of (viii) _____-______ orders is also controlled by the Full Faith and Credit for Child Support Orders Act.
(i) divorce; (ii) personal jurisdiction; (iii) spouses; (iv) payor spouse; (v) support; (vi) full faith and credit; (vii) spousal-support and child-support; (viii) child-support.
80
The Uniform (i) ______ ______ Jurisdiction and Enforcement Act (U__JEA) provides that the courts of the (ii) _____'s (iii) _____ state have jurisdiction to enter a (iv) _____-_______ order. The (v) _______ state is the state in which the (vi) _______ has lived with at least (vii) ___ _____ (or person acting as a (viii) _______) for at least (ix) ____ ________ before the (x) _____-______ proceeding. If a (xi) ____'s (xii) ______ state issues a (xiii) _______-______ judgment, courts of other states must (xiv) ______ and _______ it.
(i) Child Custody; (ii) child's; (iii) home; (iv) child-custody; (v) home; (vi) child; (vii) one parent; (viii) parent; (ix) six months; (x) child-custody; (xi) child's; (xii) home; (xiii) child-custody; (xiv) recognize and enforce
81
US courts will usually enforce a (i) _____ _____'s judgment under principles of (ii) ______ _____.
(i) foreign country's; (ii) international law
82
To obtain (i) _____ of a (ii) _____ _____'s judgment, a party may initiate a (iii) ________ for ______ and ________ in the appropriate U.S. court or raise the issue in an ongoing (iv) _______ proceeding.
(i) recognition; (ii) foreign country's; (iii) proceeding for recognition and enforcement; (iv) domestic
83
For jurisdictions that treat the recognition of a (i) ____ ______'s judgment as a (ii) ___-____ issue, several factors govern the decision of whether to (iii) ______ the judgment. The judgment (iv) _______ be enforced in the U.S. if (A) the issuing (v) _____ lacked (vi) _____ or ______ ______ ________, or (B) the foreign judicial system lacked either (vii) ______ courts or procedures comporting with (viii) _______ standards of (ix) _______. Factors weighed in the general (x) ______ analysis include: (xi) _____, (xii) ____ ______, (xiii) ________, and (xiv) _____ ______.
(i) foreign country's; (ii) common-law; (iii) recognize; (iv) cannot; (v) court; (vi) personal or subject matter jurisdiction; (vii) impartial; (viii) fundamental; (ix) fairness; (x) comity: (xi) notice;(xii) due process; (xiii) prejudice; (xiv) public policy.
84
Both the Uniform (i) _______-_______ _____ Judgments Recognition Act and its predecessors, the Uniform (ii) _____ _____ Judgments Recognition Act provide that a (iii) _____ _____'s (iv) _____ judgment is (v) ______ and entitled to the equivalent of (vi) ____ _______ ___ _____, subject to a variety of mandatory conditions and discretionary factors.
(i) foreign-country money; (ii) foreign money; (ii) foreign country's; (iv) money; (v) conclusive; (vi) full faith and credit
85
The U.S. (i) _____ _____ at one time suggested that international (ii) _____ also included a principle of (iii) _______, that one country will not recognize the judgments of another country unless the latter is (iv) _____ to ___________ the judgment of the former. In general, (v) _________ is (vi) ____ _______ a condition to recognizing (vii) ______ ______.
(i) Supreme Court; (ii) comity; (iii) reciprocity; (iv) prepared to recognize; (v) reciprocity; (vi) no longer; (vii) foreign judgments.
