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MEE Subjects > Conflicts of Law > Flashcards

Conflicts of Law Flashcards

1
Q

What is the rendering jurisdiction?

A

The jurisdiction where the judgment is originally entered

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2
Q

What is the recognizing jurisdiction?

A

The jurisdiction where recognition is being sought

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3
Q

If the rendering jurisdiction is a sister state, what questions must you ask?

A
  • Are the requirements of full faith and credit satisfied?
  • Are there any valid defenses?

If answers are yes and no (respectively), recognition is required

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4
Q

If the rendering jurisdiction is a foreign country, what question should you ask?

A

Is the foreign judgment entitled to comity?

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5
Q

What are the requirements for full faith and credit to be satisfied?

A
  • Jurisdiction- the rendering state needed personal and subject matter jurisdiction
  • On the merits- the judgment entered by the rendering state must have been on the merits
  • Finality- The judgment entered by the rendering court must be a final judgment
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6
Q

What are judgments not on the merits?

A

Dismissals based on

  • Lack of jurisdiction
  • Misjoinder
  • Improper venue and
  • Failure to state a claim if dismissed without prejudice (if dismissed with prejudice, it is a judgment on the merits)
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7
Q

Is a default judgment a judgment on the merits?

A

Yes

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8
Q

Which law is used to evaluate whether the full faith and credit requirements are satisfied?

A

The rendering state’s law

But- the law of the enforcing state governs the method of enforcement

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9
Q

What are the defenses to full faith and credit?

A
  • Penal judgments
  • Extrinsic fraud
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10
Q

What is a penal judgment?

A

One which punishes an offense against the public. The plaintiff will be the state.

Exception- final tax judgments are not penal judgments

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11
Q

What is extrinsic fraud?

A

Fraud that could not be corrected during the regular course of proceedings leading to the judgment

Ex: judge was bribed

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12
Q

Invalid defenses to sister state judgments

A
  • Public policy
  • Mistake
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13
Q

What is the rule for deciding if a foreign judgment should be recognized?

A

Under principles of comity, a recognizing court will exercise discretion to decide whether the foreign judgment should be recognized

Consider whether the foreign court had jurisdiction and whether the foreign court’s procedures were fair

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14
Q

In a diversity case in federal court, what law is applied?

A

The law of the state in which the court sits

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15
Q

In a transferred diversity case, what law is applied

A
  • If the case was filed in a proper venue and the case is transferred within the federal system, the federal court applies the choice of law approach of the original court
  • IF the case was filed in an improper venue, or filed in a venue in defiance of a forum selection clause, the law of the transferee court will apply
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16
Q

What is the constitutional restriction on choice of law?

A

The Constitution imposes a limit only if a state’s law is chosen that has no significant contact with and/or legitimate interest in the litigation

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17
Q

What are the statutory guidelines for choice of law questions?

A

If the forum state has a statute that directs a choice of law, then the forum court should apply that statute instead of the usual choice of law approach

18
Q

What is the Vested Rights/First Restatement approach?

A

Three steps:

  1. Characterize the area of substantive law
  2. Determine the particular choice of law rule
  3. Localize the rule to be applied

Note- the forum will generally apply its own law in characterizing an issue

19
Q

What is the Most Significant Relationship approach of the Second Restatement?

A

Seeks to identify the state with the most significant relationship with respect to the issue. Consider the connecting facts in the case and whether the policy-oriented principles should be considered

20
Q

What is the interest analysis approach?

A

Start by assuming the forum will apply its own law, then consider whether the forum has any interest in the litigation. If it does not, there is a false conflict and the forum will apply the law of the second state. If it does, there is a true conflict, and the forum will apply its own law

21
Q

What is a false conflict?

A

Only one state has a legitimate interest

22
Q

What is a true conflict?

A

Two or more states have legitimate interests

23
Q

What policies might be considered under the Second Restatement approach?

A
  • Needs of interstate systems
  • Relevant policies of forum
  • Policies and interests of other jurisdictions
  • Expectations of parties
  • Basic policies underlying substantive law
  • Predictability and uniformity of result
  • Ease of determination of foreign law
24
Q

What is the First Restatement vesting rule for torts?

A

The law where the injury occurred governs

25
Q

What is the Second Restatement vesting rule for torts?

A
  • Factual considerations include:
    • The place of injury
    • The place of the conduct that caused the injury
    • Where the parties are at home
    • Where the relationship (if any) is centered
  • Policy principles to consider:
    • The relevant policies of the forum state
    • The relevant policies of other connected states
26
Q

What is the exception to the rule that for torts you apply the law of the place of the injury?

A

If the rule at issue is a loss distribution rule AND the parties share a common domicile, apply the law of the common domicile

27
Q

When will a choice of law provision in a contract be enforced?

A

If it is valid and express

When in doubt on the exam, find it invalid

28
Q

When is a choice of law provision invalid?

A
  • The law selected has no reasonable relationship to the contract OR
  • The provision was included without true mutual consent
29
Q

What is the First Restatement vesting rule for contracts?

A
  • If the case is about formation, apply the law of the place of contracting
  • If the case is about performance, apply the law of the place of performance
30
Q

What is the Second Restatement rule for contracts?

A
  • Factual considerations include
    • The place of contracting
    • The place of negotiation
    • The place of performance
    • The place where the parties are at home
  • Policy principles include
    • Relevant policies of the forum state
    • Relevant policies of other connected states
    • Reasonable expectations of the parties
31
Q

What is the rule for all models with immovable (real) property?

A

Apply the law of the situs (where the property is)

32
Q

What is the rule for all models with movable (personal) property?

A
  • If the case involves an inter vivos transaction, apply the law of the situs at the time of the transaction
  • If the case involves a matter relating to inheritance, apply the law of the decedent’s domicile at the date of death
33
Q

When will a marriage that is valid in one state not be valid in another?

A

If domiciliaries of one state temporarily relocate to another state to enter into a marriage that violates a prohibitory rule in their home state, the state of domicile will not recognize their marriage

34
Q

What law does the forum apply for divorce?

A

The forum applies its own laws

35
Q

What law governs the legitimacy of a child?

A
  • Legitimacy of a child is governed by the law of the mother’s domicile at the time of the child’s birth
  • The validity of subsequent acts of legitimation concerning paternity are governed by the law of the father’s domicile
36
Q

What are the defenses to choice of law?

A
  • Public policy (different from recognition of judgment)- a court will not apply law that is against its own fundamental public policy
  • Procedural rules- apply your own procedural rules)
37
Q

For choice of law purposes, are statutes of limitations procedural or substantive?

A

Procedural! (But substantive for Erie purposes)

Unless there is a borrowing statute

38
Q

Requirements for domicile

A
  • Physical presence in the new domicile
  • An intent to remain permanently (or indefinitely) in the new domicile
39
Q

How is a child’s domicile determined?

A
  • Newborns are assigned the domicile of their parents
  • In case of divorce, children are assigned the domicile of their custodial parent
40
Q

How is an “incompetent’s” domicile determined?

A
  • An individual who is mentally incompetent is assigned the domicile of their parents
  • If an individual becomes incompetent after acquiring a domicile by choice, they retain the chosen domicile

MEE Subjects (8 decks)

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