Conflicts of Law

Question 1

What are the two conditions for a recognition of judgment?

Answer 1

• a judgment entered by a court in one jurisdiction (rendering)
• a party seeking to have the judgment recognized by a court in a different jurisdiction (recognizing)

Question 2

Analysis for recognition of judgments

Answer 2

1. is rendering jurisdiction a sister state or foreign country?
2. for sister states
   
   1. are the requirements of full faith and credit satisfied?
   2. are there any defenses to full faith and credit?
3. for foreign country

Question 3

What are the 3 requirements for full faith and credit (recognition of judgments)

Answer 3

1. rendering state must have had jurisdiction over parties and subject matter
2. judgment entered by rendering state was on merits
3. must be final judgment

**evaluated using the law of the rendering state

Question 4

Exception to jurisdictional determination for full faith and credit

Answer 4

When the issue of jurisdiction has been fully and fairly litigated, the jurisdictional determination is entitled to full faith and credit

Question 5

Judgments not on the merits are

Answer 5

SOL, lack of jurisdiction, misjoinder, improper venue, failure to state a claim*

Question 6

Valid defenses to full faith and credit

Answer 6

• penal judgments (when plaintiff was state)
• extrinsic fraud (could not be corrected during regular course of proceedings)

Question 7

Considerations for foreign judgment recognition

Answer 7

• final judgment, on the merits
• foreign court must have had jurisdiction
• whether procedures in foreign court were fair

**recognizing court will exercise discretion to decide whether judgment should be recognized

Question 8

What are the two conditions for choice of law determinations?

Answer 8

• lawsuit involves factual connections with multiple states
• states have different laws leading to different results

Question 9

Generally, the governing law is the law ___________________.

Answer 9

Selected by the forum court under its choice of law approach.

Question 10

Exceptions to forum court’s choice of law

Answer 10

• diversity case in federal court applies choice of law approach of state in which it sits
• if transferred from proper venue = choice of law of original transferor court
• if transferred from improper venue = choice of law of transferee court

Question 11

Analytical approach to choice of law answers

Answer 11

1. State the issue and identify the choice of law approach
   
   1. The issue presented is which state’s law will govern the outcome of this litigation.
   2. The governing law will be selected by the forum court using the [approach].
2. Describe the choice of law approach
   
   1. Vested rights
   2. Interest analysis
   3. Most significant relationship
3. Apply the choice of law approach

Question 12

Vested rights (First Restatement) analysis

Answer 12

1. State the issue
2. Describe the choice of law approach
   
   1. Under this approach the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.
3. Apply the choice of law approach
   
   1. Categorize substantive area of law
   2. State applicable vesting rule
   3. Apply law to determine the result

Question 13

Interest analysis

Answer 13

1. State the issue
2. Describe the choice of law approach
   
   1. Under this approach the court will consider which states have a legitimate interest 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 interest, it will apply the law of another interested state.
3. Apply the choice of law approach
   
   1. Discuss which states have legitimate interests
   2. Characterized the type of conflict
      
      1. False conflict: only one state has legitimate interest
      2. True conflict: 2+ states have legitimate interest
   3. Choose the governing law based on the type of conflict
   4. Apply governing law to determine result

Question 14

Most significant relationship (MSR) (Second Restatement) analysis

Answer 14

1. State the issue
2. Describe the choice of law approach
   
   1. 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.
3. Apply the choice of law approach
   
   1. Discuss connecting facts
   2. Discuss policy principals
   3. Choose governing law based on most significant relationship
   4. Apply governing law to determine result

Question 15

Torts First Restatement/Vested rules

Answer 15

Apply law where the injury occurred

Question 16

Torts Second Restatement/MSR rules

Answer 16

Factual Considerations

• Place of injury
• Place of conduct causing injury
• Where parties are at home
• Where relationship, if any, is centered

Policy Principles

• Relevant policies of forum state
• Relevant polices of connected states

Question 17

In torts cases, the law of the place of injury will almost always govern, EXCEPT

Answer 17

• rule is a loss distribution rule
• AND parties share common domicile

Question 18

Contracts First Restatement/Vested rules

Answer 18

• Formation issue (capacity, formalities, consideration) = law of place of contracting
• Performance issue (time/place/manner of performance, excuses for nonperformance) = law of place of performance

Question 19

Contracts Second Restatement/MSR rules

Answer 19

Factual Considerations

• Place of contracting
• Place of negotiation
• Place of performance
• Place where parties at home

Policy Principles

• Relevant policies of forum state
• Relevant policies of other connected states
• Reasonable expectations of parties

Question 20

In contracts cases, a choice of law provision will be enforced if . . .

Answer 20

it was valid and express.

Choice of law invalid if law selected has no reasonable relationship to contract or was included without true mutual consent.

Question 21

Property rules

Answer 21

• Immovable (real) property = law of situs
• Movable (personal) property
  
  • Inter vivos = law of situs at time of transaction
  • Inheritance = law of decedent’s domicile at date of death

Question 22

Family Law rules

Answer 22

• If marriage is valid where performed, it will be recognized as valid everywhere
  
  • Except if domiciliaries temporarily relocate to enter into marriage that violates rule of their home state
• Forum applies own divorce laws
• Legitimacy of child governed by mother’s domicile at time of child’s birth
• Validity of subsequent acts of legitimation concerning paternity governed by law of father’s domicile

Question 23

Defenses to choice of law

Answer 23

• public policy: forum court will not apply a law that is against its own fundamental public policy
• procedural rules: forum court will always apply own procedural rules

Question 24

Domicile by choice

Answer 24

• physical presence
• intent to permanently remain