Conflicts of Law

Question 1

Requirements for Full Faith and Credit Clause

Answer 1

(1) rendering state had jurisdiction over the parties + subject matter, (2) judgment entered was on the merits, and (3) judgment was final

Question 2

Examples of Judgments Not on the Merits

Answer 2

dismissals based on: (i) lack of jurisdiction [personal or subject matter], (ii) misjoinder, (iii) improper venue, (iv) statute of limitations, and (v) failure to state a claim [look for prejudice]

Question 3

Defenses to Full Faith and Credit

Answer 3

(i) penal judgments and (ii) judgments obtained by extrinsic fraud

Question 4

Extrinsic Fraud

Answer 4

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

Question 5

Comity

Answer 5

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

Question 6

Choice of Law in Transferred Diversity Cases

Answer 6

when a diversity case is 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 [transferor] court; when the case is filed in an improper venue or filed in defiance of a forum selection clause, the law of the transferee court will apply

Question 7

Vested Rights [Traditional] Approach

Answer 7

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

Question 8

Interest Analysis

Answer 8

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 [starts with assumption that forum will apply its own law]

Question 9

Most Significant Relationship

Answer 9

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

Question 10

First Restatement [Vested Rights] Vesting Rule for Torts

Answer 10

the governing law is the law where the injury occurred

Question 11

Second Restatement [Most Significant Relationship] Considerations for Torts

Answer 11

factual connections: place (1) of injury, (2) of the conduct causing the injury, (3) where the parties are at home, and (4) where the relationship, if any, is centered
policy principles: (1) the relevant policies of the forum state and (2) the relevant policies of other connected states

Question 12

For all 3 approaches, governing law for tort case will almost always be the law of the place of injury except

Answer 12

under the two modern approaches [interest analysis and most significant relationship], exception kicks in when the rule at issue is a loss distribution rule + the parties share a common domicile; then apply the law of the common domicile

Question 13

A contractual choice of law provision will be enforced if

Answer 13

it is (i) valid + (ii) express

Question 14

Reasons to find a choice of law provision invalid

Answer 14

(i) the law selected has no reasonable relationship to the contract, or (ii) the provision was included without true mutual consent

Question 15

First Restatement Vesting Rules for Contracts

Answer 15

(1) if the case is about formation [capacity, contractual formalities, consideration], apply the law of the place of contracting
(2) if the case is about performance [time, place, manner of performance, excuses], apply the law of the place of performance

Question 16

Second Restatement Considerations for Contracts

Answer 16

factual considerations: (1) the place of contracting; (2) the place of negotiation; (3) the place of performance; and (4) the place where the parties are at home
policy considerations: (1) the relevant policies of forum state; (2) the relevant policies of other connected states; and (3) the reasonable expectations of the parties

Question 17

True Conflict

Answer 17

when both the forum state and the second state have interests in the litigation

Question 18

False Conflict

Answer 18

when the forum has no interest in the litigation; it will then apply the law of the second state

Question 19

Vesting Rule for Immovable Real Property

Answer 19

apply the law of the situs

Question 20

Vesting Rule for Movable Personal Property

Answer 20

(1) if the case involves an inter vivos transaction, apply the law of the situs at the time of the transaction
(2) if the case involves a matter relating to inheritance, apply the law of the decedent’s domicile at the date of death

Question 21

Defenses to Choice of Law

Answer 21

(i) public policy; (ii) procedural rules

Question 22

Borrowing Statutes

Answer 22

direct a court to look at both the forum limitations period and the foreign limitations period and then to typically apply the shorter period

Question 23

Limitations that Condition a Substantive Right

Answer 23

if the normal choice of law analysis leads to the application of a foreign statute that creates a substantive right [think: wrongful death], apply the entire statute [including its SoL if it has one]

Question 24

Domicile by Choice

Answer 24

an individual with domicile capacity acquires a domicile when 2 conditions are satisfied: (1) physical presence in the new domicile + (2) an intent to remain permanently/indefinitely in the new domicile

Question 25

Domicile by Operations of Law

Answer 25

an individual who lack domicile capacity is assigned one by law