Conflict of Laws MEE Flashcards
Two Distinct Testing Areas
(A) recognition of judgments and
(B) choice of law
Recognition of Judgment Question Conditions
(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
Rendering Jurisdiction
place where the judgment was originally entered
Recognizing Jurisdiction
place where recognition is being sought is referred to as the recognizing jurisdiction
Recognition - Core Question
will the recognizing court recognize the judgment of the rendering court?
Part One of Recognition Analysis
Is the rendering jurisdiction a sister state or a foreign country
IF Sister State
(a) are the requirements of full faith and credit satisfied AND
(b) are there any valid defenses
Three Steps for Full Faith and Credit
(a) Jurisdiction
(b) on the merits
(c) finality
Full Faith and Credit Step One
the rendering state must have had jurisdiction over the parties (personal) and jurisdiction over the subject matter
Full Faith and Credit Step Two
the judgment entered by the rendering state must have been on the merits
On The Merits
(a) default judgments
(b) consent judgment after settlements
Full Faith and Credit Step Three
judgment entered by the rendering court must be a final judgment
Valid Defenses: Penal Judgments
not entitled to full faith and credit: a penal judgment is one that punishes an offense against the public
Valid Defenses: Extrinsic Fraud
not entitled to full faith and credit: fraud that could not be corrected during the regular course of the proceedings leading to the judgment
IF Foreign Country
is the foreign judgment entitled to comity
Foreign Country Assessments
foreign country must have had jurisdiction and were the procedures fair?
Choice of Law Conditions
(A) suit involves factual connections with multiple states and
(B) multiple states will have different laws leading to different results
Choice of Law Core Question
which state’s law will govern?
Choice of Law Core Answer
the governing law is the law selected by the forum court according to its choice of law approach
EXCEPTIONS to Choice of Law Core Answer
Diversity Case Filed in Federal Court
Transferred Diversity Cases
Restrictions on Choice of Law
(a) constitutional
(b) statutory
Constitutional Restriction on Choice of Law
imposes a limit only if a state’s law is chosen that has no significant contact with and/or legitimate interest in the litigation
Statutory Restriction on Choice of Law
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
Three Approaches for Choice of Law
(a) vested rights approach of 1st restatement
(b) most significant relationship approach of second restatement and
(c) the interest analysis
Vested Rights Approach of 1st Restatement
(A) characterizing the area of substantive law
(B) determining the particular choice of law rule and
(C) localizing the rule to be applied
Most Significant Relationship of 2nd Restatement Approach
(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
Interest Analysis Approach
(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
Same Vesting Rule
under first restatement approach, the same vesting rule is generally applied to the entire claim
Each Issue Second Restatement and Interest Approach
under second restatement and interest analysis approaches, however, each issue may be analyzed separately
Torts: First Restatement Vesting Rule
the governing law is the law where the injury occurred
Defenses to Choice of Law
(a) public policy
(b) procedural rules
Defense: Public Policy
a forum court will not apply a law that is against its own fundamental public policy - dose not apply to recognition of judgments
Defense: Procedural Rules
forum court will always apply its own procedural rules
Domicile by Choice
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
Domicile by Operation of Law
an individual who lacks domicile capacity is assigned one by law
Two Individuals Given Domicile by Law
(A) children
(B) incompetents
Children Given Domicile
(A) newborns assigned domicile of their parents
(B) divorce - assigned domicile of their custodial parent
Incompetents Given Domicile
(A) mentally incompetent is assigned domicile of parents
(B) if becomes incompetent, retain chosen domicile
