Conflicts Flashcards
What clause of the Constitution applies to Conflict of Laws issues?
Full Faith and Credit Clause
What are the 2 requirements for full faith and credit to be satisfied to recognize another court’s judgment?
- Court had SMJ and PJ.
- Final judgment on the merits.
Are default judgments and settlements considered ‘on the merits’?
Yes
What are the 2 situations that are never given full faith and credit?
Criminal prosecutions, EXCEPT tax judgments.
Fraud that couldn’t have been corrected during trial.
What are the 2 requirements to recognize a foreign court’s judgment?
It had jurisdiction
Procedures were fair.
What is the format of a choice of law answer?
- State issue and applicable approach.
- Describe the approach.
- Apply facts to the appraoch.
What is the 1st Restatement-vested rights (traditional) approach?
“Courts use the law of the state according to the vesting rule for the substantive area of law.”
What is the 2nd Restatement-Most significant relationship approach?
“Courts will use the law of the state with the most significant relationship to the outcome of the case. It considers connecting facts and policy principles.”
What is the interest analysis approach?
“Courts will use the law of the state with a legitimate interest in the outcome of the case.”
Under the interest analysis approach, which state’s law is applied when a true conflict, or false conflict?
True - Forum state if legitimate interest.
False - Law of interested state.
Under the 1st Restatement-vested rights approach, Which state law applies for; Torts, Contracts (validity issues) (performance issues)?
Torts - place of injury
Contract validity - place of creation.
Contract performance - place of breach of performance.
Under the 2nd Restatement-most significant relationship approach, what factors do courts look at for torts?
Place of injury
Cause of injury
Party residences
Party relationship
Under the 2nd Restatement-most significant relationship approach, what factors do courts look at for contracts?
Location of creation, negotiation, and performance.
Subject matter
Party relationship
Party residences
