Conflicts of Law

Question 1

Full Faith & Credit

Answer 1

A state must recognize final judgments of other states so long as the judgment is on the merits and the rendering state had jurisdiction over the parties & subject matter.

Question 2

COL theories and approaches

Answer 2

When there is no prior judgment in one state that bars re-litigation in another state under the FFCC, a COL analysis is requires.

Generally states use one of the following 3 approaches/tests:

1. Vested Rights Approach of the First Restatement
2. Most Significant Relationship Approach of the Second Restatement
3. Governmental Interest Approach

Question 3

Full Faith & Credit Clause

Answer 3

A state must recognize *final judgments* of other states so long as the judgment is *on the merits* and the rendering state had *jurisdiction* over the parties & subject matter.

Question 4

Diversity Cases

Klaxon Doctrine

Answer 4

• A federal court exercising diversity jx over non-federal claims must apply the COL approach of the state in which it sits

Question 5

Recognition of Foreign Judgments

Answer 5

• In choosing whether to recognize a foreign judgmnet, courts look at: 1) whether the foreign court had jx and 2) wether fair procedures were used in adjudicating the case.
  
  • If enforced, it is enforced the same as another state’s valid judgment.

Question 6

Contractual Choice of Law Provisions

Answer 6

• Express choice of law provisions in a K are generally adhered to (regardless of the COL approach that would be applied by the court) unless:
  
  1. Contrary to public policy
  2. No substantial relationship btw forum and parties/transaction or
  3. Lack of consent (due to fraud, mistake, etc.)

Question 7

Governmental Interest Approach

Answer 7

• Under the GIA (aka interest analysis) approach, the court applies the law of the jx that has a greater interest in having its law applied.
• Court can then apply their forum’s laws, the other forums laws or a modified version of either.

Question 8

Most Significant Relationship

Answer 8

• Under the Second restatement, the court applies the law of the jx that has the most significant relationship to the issue.
• Factors include: relevant policies of the forum and other interested jx, relevant policies underling the field of law at issue, uniformity of result and ease of application.
• Torts (place of injury/domicile of parties)
• Contracts (place of contracting/negotiation, peformance, subject matter)
• Propery (place of property)
• Corp (where incorporated)

Question 9

Vested Rights Approach

Answer 9

• Under the First Restatement, the court will apply the law where the act/injury or relationship that gave rise to the lawsuit occured.
• I.e. where the parties rights “vested”, most often rights vest in the state where the last act or event occured that gave rise to the rights being asserted in the lawsuit.

Question 10

Decedents’ Estate: Validity of a Will

Answer 10

At common law, the validity of a will was determined under the law of the state where the testator was domiciled at the time of his death. Under the UPC, a will is valid if it complies either with the law of the state in which it was executed or with the law of the place where the testator was domiciled when he signed his will or when he died. Many non UPC states have similar statutes.

Question 11

Decedents’ Estate: Personal Property

Answer 11

The postmortem distribution of personal property is governed by the law of the state in which the decedent was domiciled at the time of his death.

Question 12

Decedents’ Estate: Real Property

Answer 12

The postmortem distribution of real property is governed by the law of the situs (the law of the place where the property is located).

Question 13

Decedents’ Estate: Inheritance

Answer 13

Whether a child is entitled to inherit depends on the law of the intestate’s domicile at the time of death. However, this is inapplicable to real property as the law governing real property is the law of the situs.