Conflicts of Law Flashcards
What are the three main areas of testing in conflicts of law?
- recognition of judgements
- choice of law
- domicile
When does a recognition of judgement issue arise?
a recognition of judgement issue arises when
1. A judgment has been entered by a court in one jurisdiction; and
2. A party is seeking to have that judgment recognized by a court in a different jurisdiction.
Plaintiffs will most often seek recognition in order to access enforcement mechanisms in the rendering state.
Defendants will most often seek recognition to prevent a plaintiff from relitigating a claim or an issue.
steps to a recognition of judgement issue:
- Is the rendering jurisdiction a sister state of a foreign country?
- A. If a sister state:
* Are the requirements of full faith and credit satisfied?
* Are there any valid defenses?
2.B. If a foreign country:
* Is the foreign judgment entitled to comity?
What are the requirements for full faith and credit?
1) The rendering state must have SMJ and PJ.
* BUT issue of jurisdiction has been fully and fairly litigated, the jurisdictional determination is itself entitled to full faith and credit.
2) The judgment entered by the rendering state must have been on the merits.
* default judgments and consent judgement entered after settlement are considered to be on the merits.
3) The judgment entered by the rendering court must be a final judgment.
* No appeals remaining
These three requirements are evaluated using the law of the rendering state.
What are the defenses to full faith and credit?
A penal judgment is not entitled to full faith and credit. A penal judgment is one that punishes an offense against the public.
A judgment obtained by extrinsic fraud is not entitled to full faith and credit. Extrinsic fraud is fraud that could not be corrected during the regular course of proceedings leading to the judgment.
What are the rules for comity of foreign court decisions?
- A recognizing court will exercise discretion to decide whether the foreign judgment should be recognized.
- Similar to full faith and credit analysis.
- Also consider: whether the foreign court had jurisdiction and whether the procedures of the foreign court were fair.
When does a choice of law issue arise?
- The lawsuit involves factual connections with multiple states; and
- The multiple states will have different laws leading to different results.
- The core question is: “Which state’s law will govern?”
- The core answer is: The governing law is the law selected by the forum court according to its choice of law approach.
- A different analysis applied to federal diversity cases.
Choice of law in federal diversity cases
Generally, A federal court sitting in diversity applies the choice of law approach of the state in which it sits. (Part of eerie doctrine - mirror what the state court would do on substantive matters)
When a federal 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 a venue in defiance of a forum selection clause, the law of the transferee court (that is, the court to which the case is transferred) will apply.
Consititution limitations on state choice of law
The Constitution imposes a limit only if a state’s choice of law rules select law that has no significant contact with and/or legitimate interest in the litigation.
Effect of statute on choice of law
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 common law choice of law approach (common example is a borrowing statute on statute of limitations).
What are the three main analytical approaches to choice of law?
1) The Vested Rights Approach of the First Restatement
2) )The governmental interest analysis approach
3) The most significant relationship
approach of the Second Restatement
How to structure a choice of law answer for vested rights approach?
para 1. - Describe choice of law: “The issue presented is which state’s law will govern. The governing law will be selected by the forum court using the [given] choice of law approach.”
para 2. - Describe the choice of law approach
Vested rights - “Under this apporach the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according the relevant substantive area of law.”
para 3. - Apply the given choice of law approach to the facts
* Identify area of law.
* State applicable vesting rule.
* Apply the vesting rule to determing applicable law.
* Apply governing law to determine result.
The Vested Rights Approach of the First Restatement
This apporach is focused on “where”
This approach differs according to the substantive area of law:
Torts- Place of injury
Contracts
* In a validity problem use the place of making.
* In a performance problem use the place of performance.
Workers Compensation- Forum
Real Property - situs
Personal property-
* Testamentary and intestate transfer - domicile of owner at time of death
* Inter vivos transactions - situs of property at the time of the relvant transaction
Family law-
* Marriage—place of celebration (if marriage can be upheld under that law)
* Legitimation after birth—father’s domicile
* Adoption—forum
Corporations - place of incorporation
How to structure a choice of law answer for government interest analysis ?
para 1. - Describe choice of law: “The issue presented is which state’s law will govern. The governing law will be selected by the forum court using the [given] choice of law approach.”
para 2. - Describe the choice of law approach
Under this approach the court will consider which states have a legitimate interest in the outcome of the litigation. The fourm court will apply its own law as long as it has a legitimate interst. If the forum state has no legitimate interest, it will apply the law of another interested state”
para 3. - Apply the given choice of law approach to the facts
* discuss which states have a legitimate interests.
* choose which state’s law applies. False Conflict - If only one state has a legitimate interest, forum will apply that state’s law. True conflict - If the forum state and other states have a legitimiate interest, the forum state will apply its own law.
* Apply the governing law to determine result
How to structure a choice of law answer for most significant relationship approach?
para 1. - Describe choice of law: “The Issue presented is which state’s law will govern. The governing law will be selected by the forum court using the [given] choice of law approach.”
para 2. - Describe the choice of law approach
“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.”
para 3. - Apply the given choice of law approach to the facts
* Discuss connecting (geographical) facts
* Discuss policy principles (which states have an interest in the application of their laws)?
* Choose the governing law based on what you think the most significant relationship is.
* Apply the governing law to determine what the result is.
