Conflicts

Question 1

Sister State Judgments

Answer 1

two steps:

1. are the requirements of full faith and credit satisfied?
2. are there any valid defenses?

if #1 is yes and #2 is no – recognition is required

Question 2

Foreign Country Judgments

Answer 2

is the foreign judgment entitled to comity

Question 3

Rendering Jurisdiction

Answer 3

place where judgment was originally entered

Question 4

Recognizing Jurisdiction

Answer 4

place where recognition of a judgment is being sought

Question 5

Full Faith and Credit Requirements

Answer 5

use the law of the rendering state to establish if the requirements are met:

1. 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

2. 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

3. finality: judgment must be final

• judgment on appeal is not final
• modifiable decrees may not be final in every respect

Question 6

Defenses to Full Faith and Credit

Answer 6

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:

1. public policy – disrupts purpose of FFC
2. mistakes – should challenge through appeal instead

Question 7

Comity

Answer 7

recognizing court will exercise discretion to decide whether foreign judgment should be recognized

questions asked:

1. was foreign judgment final?
2. was foreign judgment on the merits?
3. did the foreign judgment have jx?
4. were the foreign procedures fair?

Question 8

Choice of Law

General Rules

Answer 8

governing law = law selected by the forum court using its choice of law approach

exceptions:

1. diversity cases in federal court
   * applies the choice of law approach of the state in which it sits
2. transferred diversity cases
   * applies the choice of law approach of the original transferor court

Question 9

Choice of Law

Issue Paragraph

Answer 9

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].

Question 10

Choice of Law

Vested Rights Approach Paragraph

Answer 10

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.

Question 11

Choice of Law

Interest Analysis Paragraph

Answer 11

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.

Question 12

Choice of Law

Most Significant Relationship Paragraph

Answer 12

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.

Question 13

False Conflict

Answer 13

when only one state has a legitimate interest

apply the law of the interested state

*used under the interest analysis approach*

Question 14

True Conflict

Answer 14

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*

Question 15

Torts

Answer 15

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

Question 16

Torts Exceptions

Answer 16

generally, governing law is always the law of the place of injury

except when:

1. the rule at issue is a loss distribution rule
   
   1. loss limitations
   2. vicarious liability rules
   3. or rules eliminating liability (immunity)
2. and parties in the case share a common domicile

Question 17

Contracts

Answer 17

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

Question 18

Property

Answer 18

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

Question 19

Family Law

Answer 19

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

Question 20

Defenses to Choice of Law

Answer 20

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