Conflicts of Law Flashcards
What is the rendering jurisdiction?
The jurisdiction where the judgment is originally entered
What is the recognizing jurisdiction?
The jurisdiction where recognition is being sought
If the rendering jurisdiction is a sister state, what questions must you ask?
- Are the requirements of full faith and credit satisfied?
- Are there any valid defenses?
If answers are yes and no (respectively), recognition is required
If the rendering jurisdiction is a foreign country, what question should you ask?
Is the foreign judgment entitled to comity?
What are the requirements for full faith and credit to be satisfied?
- 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
What are judgments not on the merits?
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)
Is a default judgment a judgment on the merits?
Yes
Which law is used to evaluate whether the full faith and credit requirements are satisfied?
The rendering state’s law
But- the law of the enforcing state governs the method of enforcement
What are the defenses to full faith and credit?
- Penal judgments
- Extrinsic fraud
What is a penal judgment?
One which punishes an offense against the public. The plaintiff will be the state.
Exception- final tax judgments are not penal judgments
What is extrinsic fraud?
Fraud that could not be corrected during the regular course of proceedings leading to the judgment
Ex: judge was bribed
Invalid defenses to sister state judgments
- Public policy
- Mistake
What is the rule for deciding if a foreign judgment should be recognized?
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
In a diversity case in federal court, what law is applied?
The law of the state in which the court sits
In a transferred diversity case, what law is applied
- 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
What is the constitutional restriction on choice of law?
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
What are the statutory guidelines for choice of law questions?
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
What is the Vested Rights/First Restatement approach?
Three steps:
- Characterize the area of substantive law
- Determine the particular choice of law rule
- Localize the rule to be applied
Note- the forum will generally apply its own law in characterizing an issue
What is the Most Significant Relationship approach of the Second Restatement?
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
What is the interest analysis approach?
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
What is a false conflict?
Only one state has a legitimate interest
What is a true conflict?
Two or more states have legitimate interests
What policies might be considered under the Second Restatement approach?
- 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
What is the First Restatement vesting rule for torts?
The law where the injury occurred governs
What is the Second Restatement vesting rule for torts?
- 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
What is the exception to the rule that for torts you apply the law of the place of the injury?
If the rule at issue is a loss distribution rule AND the parties share a common domicile, apply the law of the common domicile
When will a choice of law provision in a contract be enforced?
If it is valid and express
When in doubt on the exam, find it invalid
When is a choice of law provision invalid?
- The law selected has no reasonable relationship to the contract OR
- The provision was included without true mutual consent
What is the First Restatement vesting rule for contracts?
- 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
What is the Second Restatement rule for contracts?
- 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
What is the rule for all models with immovable (real) property?
Apply the law of the situs (where the property is)
What is the rule for all models with movable (personal) property?
- 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
When will a marriage that is valid in one state not be valid in another?
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
What law does the forum apply for divorce?
The forum applies its own laws
What law governs the legitimacy of a child?
- 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
What are the defenses to choice of law?
- 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)
For choice of law purposes, are statutes of limitations procedural or substantive?
Procedural! (But substantive for Erie purposes)
Unless there is a borrowing statute
Requirements for domicile
- Physical presence in the new domicile
- An intent to remain permanently (or indefinitely) in the new domicile
How is a child’s domicile determined?
- Newborns are assigned the domicile of their parents
- In case of divorce, children are assigned the domicile of their custodial parent
How is an “incompetent’s” domicile determined?
- 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
