Conflicts Flashcards
What are the requirements for a court to recognize a judgment by a rendering court under the Full Faith and Credit Clause?
1) Rendering court had personal and subject matter jurisdiction
2) The judgment is final
3) The judgment is on the merits
What type of judgments are not entitled to full faith and credit?
Penal judgments (except tax), judgments obtained through extrinsic fraud
What is the vested rights approach to determining choice of law?
The court determines which state’s law governs based on the applicable vesting rule, which is based on the substantive area of law.
What is the interest approach to determining choice of law?
The court determines which states have a legitimate interest in the outcome of the litigation (based on purposes of the law). If the forum state has a legitimate interest, it will apply its own law.
What is a “false conflict”, in the context of the interest approach?
A false conflict arises if only one state has a legitimate interest in the outcome of the litigation (the law of that state will apply).
What is the most significant relationship approach?
The court will apply the law of the state with the most significant relationship to the outcome of the litigation, based on connecting facts and policy principles
What are common defenses which may change the outcomes of the choice of law analysis?
A forum state will not apply a law that is against its own public policy, and will apply its own procedural law (including SoL, unless there is a borrowing statute or the limitations period is contained in a statute that establishes a substantive right).
What is the vesting rule for torts cases?
Apply the law of the state where the injury occurred.
What are the relevant connecting facts to apply in a torts case?
Where the injury occurred, where conduct causing the injury occurred, where the parties are at home, where the parties’ relationship is centered
What is a policy principle that may affect the outcome of a choice of law analysis in a torts case under the interest/most significant connection approach?
If the conflicting rules are loss distribution rules and both parties share a common domicile, apply the law of the domicile.
When is a choice of law provision in a contract enforceable?
When it is valid (chosen forum is reasonably related to K) and express (included with mutual consent).
What vesting rules apply in contract cases?
If the dispute is regarding K formation, apply the law of the place of contracting.
If the dispute is regarding performance, apply the law of the state where performance was supposed to occur.
What connecting facts are relevant in a contracts case?
The place of contracting/performance, the place where the parties negotiated the contract, where the parties are at home
