Conflicts

Question 1

What are the requirements for the full faith and credit clause to kick in?

Answer 1

1. jurisdiction (PJ and SMJ)
2. a judgment on the merits
3. a final judgment (not on appeal)

Question 2

Comity

Answer 2

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

Question 3

Choice of law

Answer 3

The governing law is the law selected by the forum court according to its choice of law approach.

Question 4

Choice of law intro paragraph

Answer 4

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 [vested rights / interest analysis / most significant relationship ] approach.

Question 5

Vested rights paragraph

Answer 5

Under the vested rights approach, the court will apply the law of that state mandated by the applicable vesting rule. The rule is selected according to the relevant substantive area of law.

Question 6

Interest analysis paragraph

Answer 6

Under this approach the court will consider which states have a legitimate interests 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 interests, it will apply the law of another interest state.

Question 7

Most significant relationship paragraph

Answer 7

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 8

False conflict

Answer 8

A false conflict arises when only one state has a legitimate interest. If a false conflict arises, you apply the law of the interested state.

Question 9

True conflict

Answer 9

A true conflict arises when two or more state have a legitimate interest. If a true conduct has arisen, and the forum state is one of the interested states, you apply the forum law.

Question 10

Torts: 1st RS vesting rule

Answer 10

The governing law is where the injury occurred.

Question 11

Most significant relationship policy-oriented principles

Answer 11

i. needs of interstate system;
ii. relevant policies of forum;
iii. policies and interests of other jurisdictions;
iv. expectations of parties;
v. basic policies underlying substantive law
vi. predictability and uniformity of results;
vii. ease of determination of foreign law

Question 12

Torts: 2nd RS considerations

Answer 12

A court will consider (1) the place of the injury, (2) the conduct causing the injury, (3) where the parties are at home, and (4) where the relationship, if any, is centered.

Question 13

Contracts: Choice of law

Answer 13

A choice of law provision will be enforced if it is valid and express. A choice of law provision is valid if it (1) has a reasonable relationship to the contract, and (2) the provision was included with mutual consent.

Question 14

Contracts: 1st RS vesting rules

Answer 14

1. if the case is about formation, apply the law of the place of contracting.
2. if the case is about performance, apply the law of the place of performance.

Question 15

Contracts: 2nd RS considerations

Answer 15

Factual: 1. place of contracting, 2. place of negotiation, 3. place of performance, and 4. where the parties are at home.

Policy: 1. relevant policies of the forum state, 2. relevant policies of other connected states, 3. reasonable expectations of the parties.

Question 16

Property: Immovable (real) property

Answer 16

Apply the law of the situs. The situs is where the property is.

Question 17

Property: movable (personal) property

Answer 17

1. if the case involves and inter vivos transaction. apply the law of the situs at the time of transaction.
2. if the case involves a matter relating to inheritance, apply the law of the (DDDD) decedent’s domicile at the date of death.

Question 18

Family law: marriage

Answer 18

If a marriage is valid where performed, it will be recognized as valid everywhere.

Except when domicilaries of one state temporarily relocate to another state to enter into a marriage that violates a rule in their home state. The domicile will not recognize the marriage.

Question 19

Family law: divorce

Answer 19

A forum will apply its own divorce laws.

Question 20

Family law: legitimacy rules

Answer 20

1. legitimacy of a child is governed by the law of the mother’s domicile at the time of the child’s birth.
2. the validity of subsequent acts of legitimation concerning paternity are governed by the law of the fathers domicile.

Question 21

Defenses:

Answer 21

1. public policy
2. procedural rules (a court will apply its own)