Conflicts Flashcards
Sister State Judgments
two steps:
- are the requirements of full faith and credit satisfied?
- are there any valid defenses?
if #1 is yes and #2 is no – recognition is required
Foreign Country Judgments
is the foreign judgment entitled to comity
Rendering Jurisdiction
place where judgment was originally entered
Recognizing Jurisdiction
place where recognition of a judgment is being sought
Full Faith and Credit Requirements
use the law of the rendering state to establish if the requirements are met:
- jurisdiction: rendering jx must have had PJ and SMJ
-
exception: if PJ has been fully and fairly litigated, the jx determination itself is entitled to FFC
- waiver of PJ = fully and fairly litigated for these purposes
- merits: judgment must have been on the merits
- not on the merits = statute of limitations; lack of jurisdiction; misjoinder; improper venue; failure to state a claim (sometimes)
-
note: default judgment = on the merits for these purposes
- consent judgments entered after settlement = on the merits
- finality: judgment must be final
- judgment on appeal is not final
- modifiable decrees may not be final in every respect
Defenses to Full Faith and Credit
penal judgments: punishes an offense against the public
- π in suit must have been the state
- punitive damages with private π is not penal
extrinsic fraud: fraud that could not be corrected during the regular course of proceedings leading to the judgment
invalid defenses:
- public policy – disrupts purpose of FFC
- mistakes – should challenge through appeal instead
Comity
recognizing court will exercise discretion to decide whether foreign judgment should be recognized
questions asked:
- was foreign judgment final?
- was foreign judgment on the merits?
- did the foreign judgment have jx?
- were the foreign procedures fair?
Choice of Law
General Rules
governing law = law selected by the forum court using its choice of law approach
exceptions:
- diversity cases in federal court
* applies the choice of law approach of the state in which it sits - transferred diversity cases
* applies the choice of law approach of the original transferor court
Choice of Law
Issue Paragraph
The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using the [choice of law approach].
Choice of Law
Vested Rights Approach Paragraph
Under the vested rights approach, the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.
Choice of Law
Interest Analysis Paragraph
Under the interest analysis approach, 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, it will apply the law of another interested state.
Choice of Law
Most Significant Relationship Paragraph
Under this approach, 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.
False Conflict
when only one state has a legitimate interest
apply the law of the interested state
*used under the interest analysis approach*
True Conflict
when two or more states have a legitimate interest
if the forum is interested, apply the forum’s law
*used under the interest analysis approach*
Torts
vested rights
- where the injury occurred
most significant relationship
-
factual connections
- place of injury
- place of conduct causing injury
- place where parties are at home
- place where the relationship, if any, is centered
-
policy principles
- relevant policies of the forum
- relevant policies of other connected states
Torts Exceptions
generally, governing law is always the law of the place of injury
except when:
- the rule at issue is a loss distribution rule
- loss limitations
- vicarious liability rules
- or rules eliminating liability (immunity)
- and parties in the case share a common domicile
Contracts
choice of law provision:
- enforced if valid and express in the contract
- if invalid, use the choice of law analysis
- invalid if:
- law selected has no reasonable relationship to the contract
- OR provision was included without true mutual assent
vested rights:
- formation issue = law of the place of contracting
- performance issue = law of the place of performance
most significant relationship:
-
factual connections
- place of contracting
- place of negotiations
- place of performance
- place where parties are at home
-
policy principles
- relevant policies of the forum state
- relevant policies of other connected states
- reasonable expectations of the parties
Property
real property (immovable):
- apply the law of the situs
personal property (movable):
- inter vivos: apply the law of the situs at time of transaction
- inheritance: apply the law of the decedent’s domicile at death
Family Law
marriage:
- if marriage is valid where performed, it is recognized as valid everywhere
- except: when domiciliaries of one state temporarily relocate to perform a marriage that violates a prohibitory rule in their home state (i.e., cousins marrying, etc.)
divorce:
- forum applies its own divorce laws
legitimacy:
- legitimacy is governed by law of the mother’s domicile at birth
- subsequent acts of legitimation are governed by father’s domicile
Defenses to Choice of Law
public policy:
- forum court will not apply a law that is against its own fundamental public policy
procedural rules:
- forum court will always apply its own procedural rules
statute of limitations: historically viewed as procedural, except:
- borrowing statutes
- direct a court to look at both the forum limitations period and the foreign limitations period
- apply the shorter period
- limitations conditioning a substantive right
- if normal choice of law leads to applying the foreign statute that creates a substantive right (i.e., wrongful death), then apply the entire statute
