Conflicts

Question 1

Conflict of Laws - Two Testable Areas

Answer 1

1. Recognition of Judgments
2. Choice of Law

Question 2

Recognition of Judgments - Arises when

Answer 2

1. judgment entered in court of one jurisdiction
2. party pleads that judgment in a court in another jurisdiction

Question 3

Recognition of Judgments - Issue

Answer 3

The issue is whether the recognizing court will recognize the judgement issued by the rendering court.

Question 4

Recognition of Judgment - Split Analysis

Answer 4

1. If rendering court is a state or federal court, then the issue is whether recognition is constitutional, namely entitled to full faith and credit.
2. If the rendering court is a foreign court, then the issue is whether recognition is consistent with comity principles or treaty.

Question 5

Recognition of Judgments - Sister State or Federal - FFC - Governing Law and Requirements

Answer 5

The law of the rendering jurisdiction governs the analysis of the full faith and credit requirements
,namely :
1. the rendering court had personal and subject matter jurisdiction to enter judgment
2. the judgment was on the merits
3. the judgment was final
4. No defenses to recognition

Question 6

Recognition of Judgments - State or Federal - FFC - PJ, SMJ, or neither

Answer 6

1. PJ over Defendant AND SMJ over the Action
2. Neither when Jurisdiction was fully and fairly litigated

Question 7

Recognition of Judgments - Sister State or Federal - FFC - On the Merits

Answer 7

Generally, when the factual issues have been analyzed or considered by the rendering court.

NOT on merits:
(i) SOL bars
(ii) dismissals for lack of PJ or SMJ
(iii) misjoinder of claims or parties
(iv) improper venue
(v) failure to state a claim with prejudice

ON merits:
(i) default judgments because treats facts as admitted
(ii) consent judgment after settlement

Question 8

Recognition of Judgments - Sister State or Federal - FFC - Finality

Answer 8

Generally, when the judgment is still prospectively modifiable or appealable, then not final.

Question 9

Recognition of Judgments - Sister State or Federal - FFC - No Defenses

Answer 9

1. Penal Judgment - Penal judgment that punishes an offense against the public is not entitled to FFC. ex. State was Plaintiff
2. Extrinsic Fraud - Judgment rendered with extrinsic fraud, that is could not be corrected during the regular course of proceedings, is not entitled to FFC. E.g. judge bribed

NOT Defenses
1. Public Policy (no roving FFC public policy, denial based on this is unconstitutional)
2. Mistake in Applying law (channeling doctrine to address in an appeal)

Question 10

Recognition of Judgment - Foreign - Comity or Treaty

Answer 10

Generally, recognizing court will exercise discretion in recognizing a foreign judgment by looking to
(1) finality on the merits
(2) exercise of jurisdiction was fair
(3) foreign procedures were fair under due process

Question 11

Choice of Law - Arises when

Answer 11

1. lawsuit has factual or party connections to multiple states
2. those states have different laws that could lead to different results

Question 12

Choice of Law - Issue

Answer 12

The issue is which state’s law will govern

Question 13

Choice of Law - Big Rule

Answer 13

The governing law is the law chosen by the forum court by applying
(1) its common law choice of law approach
(2) its legislature’s statutory choice of law approach, e.g. statutory borrowing statute

*subject to constitutional limitation that law chosen has some connection or legitimate interest in the litigation

Question 14

Choice of Law - Big Exception

Answer 14

(1) Diversity - Because choice of law is substantive for Eerie purposes, federal courts in diversity will look to the choice of law of the state it sits.

(2) Proper and Transfer - if filed proper venue but transferred, the federal transferee applies the choice of law approach of transferor federal court

(3) Improper and Transfer - if improper venue or in defiance of forum selection clause and transferred, the federal transferee court applies its choice of law approach.

Question 15

Choice of Law - Essay Structure - P1

Answer 15

“I understand choice of law”

[ISSUE] The issue is what law governs the outcome.
[BIG RULE] The governing law is the law chosen by the forum court by applying its common law choice of law approach, as long as there is no statutory mandate or constitutional issue (law chosen bears some connection or interest to the case)
[AVAILABLE APPROACHES] The common law choice of law approaches are the 1stRst vested rights, governmental interest analysis, or 2ndRst most significant relationship approach.
[APPLICATION] Here, the forum has ….
[P1 CONCLUSION] Thus, the forum will select the governing law using X approach.

Question 16

Choice of Law - Essay Structure - P2

Answer 16

[RULES FOR APPROACH(ES)]

Question 17

Choice of Law - Essay Structure - P3

Answer 17

[DISCUSS FACTS]
[APPLY APPROACH]
[CONCLUDE GOVERNING LAW]

Question 18

Choice of Law - Essay Structure - P4

Answer 18

[FACTUAL OUTCOME GOVERNING LAW WITH]

Question 19

Choice of Law - Approaches

Answer 19

(1) Vested Rights (1Rst)

(2) Type Conflicts and Governmental Interests Analysis

(3) Most significant Relationship (2Rst.)

Question 20

Choice of Law - Approach - Vested Rights (First Rstmt.) - P2

Answer 20

1. Court applies vesting rule.
2. Vesting rule chosen by substantive area in dispute.
3. Substantive Areas generally include Tort, Contract, Family, and Property

Question 21

Choice of Law - Approach - Vested Rights (First Rstmt.) - P3

Answer 21

1. Here, Substantive Area because Facts.
2. The vesting rule for substantive area is X
3. Apply vesting rule to facts to determine governing law.

Question 22

Ch

Answer 22

Thus, factual outcome is X because governing law.