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conflicts > conflicts of law > Flashcards

conflicts of law Flashcards

1
Q

rendering jurisdiction

A

the court that entered a judgment

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2
Q

recognizing jurisdiction

A

the court that is being asked to recognize the judgment

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3
Q

reasons a plaintiff may seek recognition

A

to enforce the judgment in a different state than the state the judgment was issued in because that is where the assets are

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4
Q

reasons why a defendant would seek recognition in a different state

A

claim preclusion or res judicata- to prevent the plaintiff from relitigating

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5
Q

analysis if a different US court than the rendering jurisdiction is asked to recognize a judgment

A
  1. satisfaction of full faith and credit requirements
  2. defenses
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6
Q

main question if a US court is asked to enforce a judgment entered outside the US

A

is the foreign judgment entitled to comity?

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7
Q

full faith and credit

A
  1. rendering state must have had personal jurisdiction over the defendant & subject matter jurisdiction
  2. the judgment entered by the other state must have been final and on the merits
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8
Q

does a full faith and credit analysis apply if a state court is asked to enforce a federal court judgment?

A

yes

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9
Q

if the rendering court analyzed jurisdiction and issued a decision, is the sister court able to look at that issue again?

A

if the rendering state decided it had jurisdiction after the jurisdiction issues were fully litigated, the state being asked to recognize the judgment has to accept the finding of jurisdiction

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10
Q

examples of judgments not on the merits

A

the court dismisses the case because the statute of limitations expired

the court dismisses the case because it found it did not have personal jurisdiction, subject matter jurisdiction, or venue

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11
Q

is a default judgment on the merits for purposes of full faith and credit?

A

yes, because it treats all allegations as admitted

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12
Q

is a consent judgment entered after settlement on the merits for full faith and credit purposes?

A

yes

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13
Q

is a modifiable judgment a final judgment for full faith and credit purposes?

A

yes if there are any past due payments under the terms of the current judgment

no for future payments, because the other state could modify the judgment

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14
Q

is a judgment on appeal final for full faith and credit purposes?

A

no

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15
Q

what state’s law is used to determine if full faith and credit is satisfied?

A

the law of the state rendering the judgment- not the state asked to recognize

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16
Q

defenses to full faith and credit

A

a judgment that punishes an offense against the public issued by one state will not be enforced by a different state

a judgment obtained by extrinsic fraud will not be enforced in another state

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17
Q

penal judgment

A

judgment that punishes an offense against the public. this is almost always a case filed by the state against one of their citizens.

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18
Q

is a judgment for punitive damages a penal judgment?

A

no

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19
Q

extrinsic fraud

A

fraud that couldn’t be corrected during the proceedings that led to the judgment (judge subject to a bribe, improperly influenced jury)

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20
Q

is a judgment that violates the public policy of the recognizing state subject to any defenses?

A

no

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21
Q

is a judgment based on a mistake in the application of law in the rendering state entitled to full force and credit?

A

yes, there is no defense based on this. the remedy would be to appeal

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22
Q

comity

A

discretionary analysis to determine if a foreign judgment should be recognized

  1. did the foreign court have jurisdiction? it does not matter if the court decided it did! court needs to assess based on US due process principles
  2. was the judgment final?
  3. was the judgment on the merits?
  4. are the procedures in the foreign court fair? (ex: could witnesses be confronted and could evidence be challenged as inadmissible?)
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23
Q

factors that show there is a choice of law issue

A

factual connections to multiple states
different laws leading to different results

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24
Q

governing law

A

law selected by the forum court according to its choice of law approach

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25
Q

what law does a federal court apply to diversity cases?

A

the choice of law approach of the state in which it sits

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26
Q

if a diversity case was filed in a proper venue, but is transferred, what law applies to decide what is the governing law?

A

the choice of law approach of the state where the transferor court sits

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27
Q

if a diversity case was filed in an improper venue, and is transferred, what law applies to decide what is the governing law?

A

the choice of law approach of the state where the proper court sits

28
Q

restrictions on choice of law

A

the constitution (law has no significant contact and no legitimate interest in the lawsuit)

forum state statute that dictates the choice of law

29
Q

choice of law approaches

A

vested rights approach
most significant relationship approach
interest analysis

30
Q

vested rights approach

A

law of the state mandated by the applicable vesting rule.

  1. categorize substantive area of law (torts/ family law)- based on that state vesting rule
  2. use vesting rule for that area of law to determine choice of law
  3. apply the governing law to determine the result
31
Q

legitimate interest approach

A
  1. ask which states have legitimate interest
  2. decide if there is a:
    a. false conflict- 1 state with interest
    b. true conflict- 2 or more states with interest

3a. false conflict- apply law of interested forum state;
3b. true conflict- apply the forum state’s law if one of the interested states is the forum state, dismiss the case if a more convenient forum is available, apply the law of an interested state if forum state is not interested

32
Q

legitimate interest approach policy principles

A

where are the parties from? is the state interested in protecting its resident who is plaintiff or defendant? or is the lawsuit just filed in a certain state because that’s where an injury happened and there’s no other connection to the forum state?

33
Q

most significant relationship approach

A

law of state most significantly related to the outcome of the litigation

discuss the specific contacts with each state (parties from __, accident happened __), discuss policy principles

decide what law applies

apply it to decide result

34
Q

torts- vested rights approach

A

the vesting rule is where did the injury happen?

35
Q

torts- most significant relationship approach

A

connecting facts- place of injury, where the conduct took place, domicile of parties, state where relationship is centered

policy principles of each state connected to the case

36
Q

torts- when the choice of law is not the place of injury under most sig relationship approach

A

loss distribution rules- a cap on damages, vicarious liability, immunity –> state law that has the rule will apply
+
parties have a common domicile –> law of common domicile will apply

37
Q

choice of law provision in a contract- general rule & exceptions

A

generally enforced if it is express and valid.

exceptions:

1.invalid if the law selected has no reasonable relationship to the contract

  1. invalid if the provision was included without true mutual consent (ex: based on misrepresentation about the selected state law, other fraud, adhesion contracts)
  2. invalid if the provision violates a fundamental policy of a state with a materially greater interest in the outcome of
38
Q

vesting rule for contracts

A

for cases where formation issue is central, apply law of place of contract

for cases where performance issue is central, apply law of place of performance

39
Q

most significant relationship analysis in contracts cases

A

factual connections- place formed, place negotiated, place performed, where parties are domiciled

policy principles:
-policies of forum state
-policies of other connected states
-reasonable expectations of the parties (contracts cases)
-whether applying a particular law will create uniform results

40
Q

choice of law in property cases

A

real property- law of state where located applies. this is the vesting rule in vested rights approach. in MSR approach, also law of state where located unless another state has a MSR

movable property- law of state where property located at the time of transaction.
In MSR approach, the location of property at time of transaction is the controlling factor.

inheritance of personal property- law of decedent’s domicile at death if the issue relates to inheritance. this is also the controlling factor in MSR approach.

41
Q

marriage choice of law rules

A

if marriage was valid where it was performed, other states must recognize it

exception: temporary relocation for marriage in another state to avoid a public policy based rule of their home state will not be recognized
for example: rules prohibiting marriage at a young age, polygamy, incest

42
Q

divorce choice of law rules

A

forum state applies its own divorce laws as long as it has jurisdiction

43
Q

legitimacy of children- choice of law

A

law of mother’s domicile at time of birth

validity of subsequent acts of legitimation concerning paternity are governed by law of father’s domicile

44
Q

corporations law issues: choice of law

A

state where the corporation is incorporated

45
Q

defenses to choice of law

A

1 public policy

2 the issue is procedural and so the state should apply its own procedural rules
-treat SOLs as procedural (note: in fed ct. they are treated as substantive so that FRCP wouldn’t apply)

exceptions:
a. borrowing statutes
b. limitations that condition a substantive right

46
Q

borrowing statutes

A

require a forum state to consider another state’s SOL and its own, and must apply the shorter SOL

47
Q

limitations that condition a substantive right

A

when a state statute creates a substantive right to recover and has limits on that right, like a limitations period, treat those as substantive and apply the whole statute

48
Q

domicile capacity

A

a person who can choose their own domicile

49
Q

domicile by choice

A

person with domicile capacity acquires a domicile by being physically present and intending to remain there permanently or indefinitely

if cannot establish the test, use last domicile

illegal motive does not matter

50
Q

domicile by operation of law

A

person without domicile capacity - children and incompetents

51
Q

domicile for an incompetent

A

assigned domicile of their parents

incompetency after they choose a domicile- keep domicile they had before they became incompetent

52
Q

children domicile

A

when born are assigned the domicile of their parents

in a divorce case, a child has the domicile of its custodial parent

53
Q

2 major issues in conflict of laws

A

1 recognition of judgments
2 choice of law

54
Q

Spotting a conflicts issue

A

Fact pattern shows connection to multiple states
Different laws that flip the outcome
The question is a torts, civ pro, contracts, or family law question

55
Q

if a federal lawsuit was filed in a court other than the one specified in the forum selection clause, what choice of law approach applies?

A

the choice of law approach of the state required by the forum selection clause

56
Q

when is a choice of law approach unconstitutional?

A

if there is an insufficient contact with the state or interest of the state

57
Q

issue statement for choice of law issue

A

the issue is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using __ approach

58
Q

rule statement & application vested rights approach

A

under this approach the court will apply the law of the state mandated by the applicable vesting rule. The vesting rule is based on the relevant substantive area of law. The vesting rule for __ cases is __.

Here, this is a __ case. [Apply rule to facts] so __ law applies. Under __ law, [state relevant substantive legal rule], and therefore [conclusion].

59
Q

interests approach rule statement & app

A

Under this approach the court considers which states have a legitimate interest in the outcome of the lawsuit. The forum court will apply its own law as long as it has a legitimate interest. If requested by a party, the court will analyze the laws of its own state and other relevant states to determine the underlying policies and whether there is a true or false conflict. If false conflict, applies its own law. If true conflict, it will reconsider its own policies and decide if it still has an interest in applying its own law.

Here, the state of __ has a legitimate interest and the state __ has/does not have a legitimate interest. [False conflict: therefore state 1 will apply] [True conflict & forum state is interested: the forum state law will apply.] Then state substantive rule & apply it & conclude.

60
Q

signficant relationship approach rule

A

under this approach the court will apply the law of the state that is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles for each state.

3rd par sent 1: state connecting facts for each state
3rd par sent 2: state policy principles for each state
3rd par sent 3: choose governing law based on which state has more facts & stronger policy
3rd par sent 4: apply the chosen state’s substantive law & conclude

61
Q

if there is more than one issue/ claim in a most significant relationship state do you apply the approach to each issue?

A

yes

62
Q

if parties temporarily move to another state or go to another state to get married because they don’t want to get parental consent will their home state have to recognize it?

A

yes, this is a directory rule that is administrative in nature and the marriage was valid when performed

63
Q

if parties temporarily move to another state or go to another state to get married because they don’t want to get a marriage license will their home state have to recognize it?

A

yes, this is a directory rule that is administrative in nature and the marriage was valid when performed

64
Q

Is a tax judgment a penal judgment? Is it required to be enforced by another state?

A

It is a penal judgment and it is required to be enforced, this is an exception to the rule that penal judgments are not required to be enforced by other states

65
Q

is a contract for sale of land analyzed like a contract or under the property choice of law rules?

A

it is analyzed under the property choice of law rules for 1st and 2nd restatement (MSR). the 1st restatement has a specific vesting rule for property that trumps contract formation rules. 2nd restatement carves out real estate contracts that create interests in land as exempt from the analysis of where k was negotiated, performed, etc.

for interest analysis the normal analysis applies

conflicts (1 decks)

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