Conflict of Laws MEE

Question 1

Two Distinct Testing Areas

Answer 1

(A) recognition of judgments and
(B) choice of law

Question 2

Recognition of Judgment Question Conditions

Answer 2

(1) a judgment has been entered by a court in one jurisdiction and
(2) a party is seeking to have that judgment recognized by a court in a different jurisdiction

Question 3

Rendering Jurisdiction

Answer 3

place where the judgment was originally entered

Question 4

Recognizing Jurisdiction

Answer 4

place where recognition is being sought is referred to as the recognizing jurisdiction

Question 5

Recognition - Core Question

Answer 5

will the recognizing court recognize the judgment of the rendering court?

Question 6

Part One of Recognition Analysis

Answer 6

Is the rendering jurisdiction a sister state or a foreign country

Question 7

IF Sister State

Answer 7

(a) are the requirements of full faith and credit satisfied AND
(b) are there any valid defenses

Question 8

Three Steps for Full Faith and Credit

Answer 8

(a) Jurisdiction
(b) on the merits
(c) finality

Question 9

Full Faith and Credit Step One

Answer 9

the rendering state must have had jurisdiction over the parties (personal) and jurisdiction over the subject matter

Question 10

Full Faith and Credit Step Two

Answer 10

the judgment entered by the rendering state must have been on the merits

Question 11

On The Merits

Answer 11

(a) default judgments
(b) consent judgment after settlements

Question 12

Full Faith and Credit Step Three

Answer 12

judgment entered by the rendering court must be a final judgment

Question 13

Valid Defenses: Penal Judgments

Answer 13

not entitled to full faith and credit: a penal judgment is one that punishes an offense against the public

Question 14

Valid Defenses: Extrinsic Fraud

Answer 14

not entitled to full faith and credit: fraud that could not be corrected during the regular course of the proceedings leading to the judgment

Question 15

IF Foreign Country

Answer 15

is the foreign judgment entitled to comity

Question 16

Foreign Country Assessments

Answer 16

foreign country must have had jurisdiction and were the procedures fair?

Question 17

Choice of Law Conditions

Answer 17

(A) suit involves factual connections with multiple states and
(B) multiple states will have different laws leading to different results

Question 18

Choice of Law Core Question

Answer 18

which state’s law will govern?

Question 19

Choice of Law Core Answer

Answer 19

the governing law is the law selected by the forum court according to its choice of law approach

Question 20

EXCEPTIONS to Choice of Law Core Answer

Answer 20

Diversity Case Filed in Federal Court

Transferred Diversity Cases

Question 21

Restrictions on Choice of Law

Answer 21

(a) constitutional
(b) statutory

Question 22

Constitutional Restriction on Choice of Law

Answer 22

imposes a limit only if a state’s law is chosen that has no significant contact with and/or legitimate interest in the litigation

Question 23

Statutory Restriction on Choice of Law

Answer 23

if the forum state has a statute that directs a choice of law, then the forum state should apply the statute instead of the usual choice of law apporach

Question 24

Three Approaches for Choice of Law

Answer 24

(a) vested rights approach of 1st restatement
(b) most significant relationship approach of second restatement and
(c) the interest analysis

Question 25

Vested Rights Approach of 1st Restatement

Answer 25

(A) characterizing the area of substantive law
(B) determining the particular choice of law rule and
(C) localizing the rule to be applied

Question 26

Most Significant Relationship of 2nd Restatement Approach

Answer 26

(A) consider the connecting facts
(B) consider policy oriented principles

(i) needs of interstate principles
(ii) relevant polices of forum
(iii) policies and interest of other jurisdictions
(iv) expectations of the parties
(v) basic policies underlying substantive law
(vi) predictability and uniformity of the result
(vii) ease of determination of forgien law

Question 27

Interest Analysis Approach

Answer 27

(a) start from the assumption that the forum will apply its own law
(b) consider whether the forum has any interest in the litigation; if not, it is a false conflict situation and the forum will apply law of second state

Question 28

Same Vesting Rule

Answer 28

under first restatement approach, the same vesting rule is generally applied to the entire claim

Question 29

Each Issue Second Restatement and Interest Approach

Answer 29

under second restatement and interest analysis approaches, however, each issue may be analyzed separately

Question 30

Torts: First Restatement Vesting Rule

Answer 30

the governing law is the law where the injury occurred

Question 31

Defenses to Choice of Law

Answer 31

(a) public policy
(b) procedural rules

Question 32

Defense: Public Policy

Answer 32

a forum court will not apply a law that is against its own fundamental public policy - dose not apply to recognition of judgments

Question 33

Defense: Procedural Rules

Answer 33

forum court will always apply its own procedural rules

Question 34

Domicile by Choice

Answer 34

an individual with domicile capacity acquires domicile when two conditions are satisfied:
(A) physical presence in the new do domicile and (B) an intent to remain permanently in the new domicile

Question 35

Domicile by Operation of Law

Answer 35

an individual who lacks domicile capacity is assigned one by law

Question 36

Two Individuals Given Domicile by Law

Answer 36

(A) children
(B) incompetents

Question 37

Children Given Domicile

Answer 37

(A) newborns assigned domicile of their parents
(B) divorce - assigned domicile of their custodial parent

Question 38

Incompetents Given Domicile

Answer 38

(A) mentally incompetent is assigned domicile of parents
(B) if becomes incompetent, retain chosen domicile