Conflicts of law

Question 1

Court that issued judgement

Answer 1

Rendering jurisdiction

Question 2

Court that will apply judgment

Answer 2

Recognizing jurisdiction

Question 3

Recognition/ application of judgment Analysis

Answer 3

Was rendering jurisdiction sister state OR foreign country?
Foreign country - Comity?
Sister State
- Requirement for full faith & credit satisfied?
- Valid defenses?

Question 4

Requirements for Full Faith & Credit

Answer 4

Based on rendering court’s laws:

1. Rendering state had Jurisdiction (personal & SMJ) (only really default judgement)
   a. If you fail to raise PJ as an issue, then jurisdiction is litigated
2. Judgement on the merits
3. Final judgment

Question 5

Judgement on the merits

Answer 5

Determination on the events of case
YES: default judgement (deems as admitted), failure to state a claim without prejudice , consent judgment
NOT: jurisdictional dismissal, Statute of Limitations, venue, misjoinder, failure to state a claim with prejudice

Question 6

Final judgement

Answer 6

Cannot be on appeal

Cannot be a modifiable judgment

Question 7

Defenses to full faith & credit

Answer 7

Penal judgment: will not be enforced

Extrinsic fraud: judgement based on extrinsic fraud

Question 8

Penal judgement

Answer 8

Punishes an offense against the public - judgement by state against citizen (with exception of tax judgment)

Question 9

Extrinsic Fraud

Answer 9

Fraud that could not have been overcome (ie judge was bribed)

Question 10

Invalid Defenses to full Faith & credit

Answer 10

Will have full faith & credit
Public Policy
Misapplication of law

Question 11

Comity

Answer 11

Treaty based recognition
Jurisdiction: Did foreign court have jurisdiction? (no one bite at the apple concept – can apply American principles of jurisdiction)
Fair: Where foreign court procedures fair?

Question 12

Choice of law analysis

Answer 12

Which state’s law applies
Factual connection to many states
Differing law that could result in different results
No judgement entered

Question 13

Which state’s law governs?

Answer 13

Law selected by forum court under its choice of law approach

Question 14

Exception

Answer 14

In Diversity cases, fed court applies choice of law approach of the state in which it sits
If diversity case is transferred in fed system, apply transferor law (if original was proper)

Question 15

What limit’s state’s ability to choose choice of law?

Answer 15

Constitution: limit on state only where state chooses law that is not meaningful to dispute
Statute: if forum state has statute determining choice of law, it prevails over common law decision of C.O.L.

Question 16

Choice of Law Analysis

Answer 16

Describe choice of law: Issue presented is which state’s law will govern. The governing law will be selected by the forum court using the [choice of law approach].
Describe choice of law approach.
Apply choice of law approach to facts

Question 17

Types of choice of law

Answer 17

Vested rights (1st restatement)
Interest analysis
Most significant relationship (2nd restatement)

Question 18

Vested Rights

Answer 18

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.

1. Categorize substantive area of law
2. Applicable vesting rule
3. Apply vesting rule
4. Result

Question 19

Interest analysis

Answer 19

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.
Which states have legit interests
1. Types of conflict
2. False conflict: only one state has legit interest
3. True conflict: 2+ states have legit interest
4. Choose governing law based on type of conflict
5. False conflict: state that has interest
6. True conflict: if 1 state is forum state, apply forum state’s law.
7. Result under governing law

Question 20

Most significant relationship

Answer 20

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 (where) and policy principles (why).
Connecting facts
Policy Principles
Choose governing law based on most significant relationship
Result under governing law

Question 21

Tort case

Answer 21

Vested Rights: Where injury occurred
Significant relationship:
- Factual Connections:
a. Place of injury 
b. Place of conduct causing injury 
c. Where parties at home
d. Where relationship is centered
- Policy: Relevant policies of forum states vs. other connected states

Question 22

Torts

- When will law of place of injury not be applied?

Answer 22

For interest analysis and most significant relationship only:
If rule is exclusively related to loss distribution (vs. conduct regulation rule)
ie damage caps, vicarious liability rules, immunity rules
Parties share common domicile - Apply law of common domicile

Question 23

Contracts Analysis

Answer 23

If choice of law clause is enforceable – valid & express – apply that law.
Vesting rules
About Formation of K: where K was executed (capacity, contract formality, consideration)
About Performance of K: where K to be performed (time, place, manner, excuses)
Significant relationship:
Factual Connections
Place of contracting
Place of negotiation
Place of performance
Place where parties at home
Policy
Policy of forum state vs. connected states
Reasonable expectations of the parties

Question 24

How is choice of law in contract invalidated?

Answer 24

No connection to state law selected = unenforceable

Misrepresentation of choice of law = unenforceable

Question 25

Property

Answer 25

Movable Property
Inter Vivos: apply law of situs at time of transaction
Inheritance: decedent’s domicile at date of death

Immovable Property (real): apply law of situs

Question 26

Family Law – Marriage

Answer 26

If valid when performed, recognized everywhere
Exception: if parties got married in other state to engage in marriage forbidden in their home state – do not recognize marriage

Question 27

Family Law - Divorce

Answer 27

Court will apply own laws

Question 28

Family Law – Legitimacy

Answer 28

Legitimacy of child: Mother’s domicile at time of child’s birth
Subsequent acts of legitimation: father’s domicile

Question 29

Public policy

Answer 29

Forum court will not apply law that is against own fundamental public policy
(this is different than recognition of judgment)

Question 30

Procedural Rules

Answer 30

Court will apply substantive laws but will apply own procedural rules

Procedural: timing, statute of limitations
Substantive: immunity, ability to sue,

Question 31

Eerie vs. Procedural

Answer 31

Eerie (fed or state SoL): SOL is Substantive – apply state SoL
Conflict of Law - apply state’s own SoL
- Exception: borrowing statute – statute creates own rules for procedural questions
- Limitation that conditions substantive rights: if court apply’s foreign statute that also creates SOL limitation, that SOL is treated as substantive

Question 32

“Domicile by choice”

Answer 32

If you have domcile capacity – acquires domicile when:
1. Physical presence in new domcile
2. Intent to remain permently

Keep old domicile until new one perfected

Question 33

How to determine domicile if individual lacks domicile capacity?

Answer 33

Individual who lacks domicile capacity is assigned one by law
Children: newborn – domicile of parents; domicile of custodial parents on divorce
Mental Illness – of parents; if ill after domicile is selected, retain chosen domicile