Conflict of Laws - Ramsey Flashcards
What must occur for there to be a recognition of judgments question?
(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.
Note the place where the judgment was originally entered is the rendering jurisdiction. The place where recognition is being sought is the recognizing jurisdiction.
If the court is a sister state, what’s the source of the obligation to recognize the judgment?
It’s constitutional. Full faith and credit.
Note full faith and credit also applies to recognition of judgments between federal courts and state courts.
What are the 3 requirements needed for full faith and credit to be satisfied?
Jurisdiction, Merits, and Finality
(1) The rendering state must have had jurisdiction over the parties and the subject matter.
(2) The judgment entered by the rendering state must have been on the merits.
(3) The judgment entered by the rendering court must be a final judgment.
Note that default judgments and consent judgments after settlement are considered on the merits.
These 3 requirements are evaluated using the law of the rendering state.
What are the valid defenses to full faith and credit?
1 - Penal judgments (when P was the state) are not entitled to full faith and credit.
What about when the rendering court is a court in a foreign country?
The source of the obligation to recognize that judgment is comity or treaty.
Under comity, a recognizing court will exercise discretion to decide whether the foreign judgment should be recognized.
When does a choice of law question arise?
When (1) the lawsuit involves factual connections with multiple states and (2) the multiple states will have different laws leading to different results.
What is the governing law in a choice of law question?
The law selected by the forum court according to its choice of law approach.
Vested Rights (First Restatement) Approach
Apply the law of the place where the claim arose.
Interest Analysis Approach
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, it will apply the law of another interested state.
Most Significant Relationship (Second Restatement) Approach
Apply the law of the state which is most significantly related to the outcome of the litigation by considering connecting facts and policy principles.
What are the two reasons a choice of law provision may be invalid?
(1) The law selected has no reasonable relationship to the contract.
(2) The provision was included without true mutual assent.
What law governs immovable property?
Aka real property.
Always apply the law of the situs (where the real property is located).
What law governs movable property?
Aka personal property.
If it’s an inter vivos transaction, always apply the law of the state where the property is at the time of transaction.
If it’s a will, always apply the law of the state where the decedent was at death.
What are the defenses to a choice of law decision?
1 - Public policy: a forum court will not apply a law that is against its own fundamental public policy.
Statutes of limitations are procedural for choice of law analysis. Exceptions to this are (1) borrowing statutes (statutes that direct a court to look at both the forum limitations period and the foreign limitations period and apply the shorter period) and (2) limitations that condition a substantive right (if the normal choice of law analysis leads to the application of a foreign statute that creates a substantive right, then apply the entire statute). exception 2 almost always comes up with wrongful death statutes
How does one acquire a domicile?
(1) Physical presence AND (2) Intent to remain permanently/indefinitely.
Note that you keep your old domicile until a new domicile is perfected.
