Conflicts

Question 1

Petitioning another state to enforce a judgment

Answer 1

A party who obtains a judgment in one state may petition a court in another state to give full faith and credit to valid judgments issued by state courts in other states.

Question 2

State courts accepting valid judgments from other states

Answer 2

State courts are likewise required to honor valid judgments issued by federal courts as those judgments would be treated by other federal courts

Question 3

Collaterally challenging original judmgnet

Answer 3

A party against whom enforcement of a judgment is sought may collaterally challenge the original judgment based on lack of subject matter jurisdiction if that jurisdictional issue was not litigated in the original action.

Question 4

Validity of marriage under 1st restatement

Answer 4

Under the traditional approach of the first restatement, the validity of a marriage is governed by the law of the state where the marriage was celebrated. If the marriage is valid where it was celebrated, it is recognized in all other states.

Question 5

What if a marriage violates a strong public policy of the domicile of either party

Answer 5

If a marriage violates a particularly strong public policy of the domicile of either party, it will be invalid under the traditional approach.

Question 6

2nd restatement approach to marriage and violating public policy

Answer 6

Under the 2nd restatement, a marriage will be valid everywhere unless the marriage violates the public policy of the state with the most significant relationship with the parties at the time of the marriage.

Question 7

What substantive law should a federal court sitting in diversity apply

Answer 7

A federal court sitting in diversity must apply the substantive law of the state in which it sits, including that state’s choice of law rules.

Question 8

What if there is an express choice of law provision in a contract

Answer 8

If there is an express choice of law provision in a contract, then that law will generally govern unless there is (i) no reasonable basis for the parties’ choice, (ii) it is contrary to public policy, or (iii) there was fraud or mistake and true consent was not given.

Question 9

2nd restatement approach and torts

Answer 9

Under this approach, tort issues are governed by the state with the. most significant relationship to the occurrence

Question 10

Factors courts will consider for tort claims under 2nd restatement

Answer 10

Courts will consider several contacts with the state, including (i) place of injury, (ii) place where conduct causing injury occurred, (iii) place of incorporation and business, and (iv) place where the relationship is centered