Conflicts of Law

Question 1

Recognition of Judgments

Answer 1

Analysis – is the rendering jdx a sister state or a foreign country?

o Sister state – faith and credit and no valid defenses
(1) Jdx – the rendering court must have had PJ and SMJ&raquo_space; BUT when the issue of jdx has been fully litigated, the jdx determination is entitled to full faith and credit
(2) On the merits – includes default judgments and consent judgements entered after settlement
(3) Finality – not modifiable/ on appeal
(4) Are there any valid defenses?
* Penal judgment – one that punishes an offense against the public (the state was P)
* Extrinsic fraud – fraud that could not be corrected during the regular course of proceedings (ex: judge taking a bribe)

o Foreign country – is the foreign judgment entitled to comity? The court will exercise discretion to decide – utilize same elements of finality, merit, and fairness, but the court has greater discretion

Question 2

Klaxon doctrine

Answer 2

When a federal court has diversity jurisdiction, meaning the case involves parties from different states, the court must apply the choice-of-law rules of the state where the court is located.

Question 3

Conflict of law approach - Vested rights

Answer 3

The court will apply the law of the state mandated by the applicable vesting rule, based on the relevant substantive area of law

Question 4

Considerations for vested rights

Answer 4

Torts – place(s) of injury + conduct causing injury, parties at home, their relationship is centered

Ks – uphold choice of law unless it has no reasonable relationship with the K or given without true mutual assent. Outside of that:
* If the case is about formation, apply the law of the place of contracting
* If the case is about performance, apply law of the place of performance

Prop. – real prop. = law of the situs | personal prop. =
* If inter vivos transaction, apply the law of the situs at time of transaction
* If inheritance, apply the law of the decedent’s domicile at the date of death

Family law – if marriage is valid where performed, it’ll be recognized everywhere unless they temporarily relocate to avoid a prohibitory rule in home state
* The forum will apply its own laws for divorce
* Legitimacy of a child governed by the law of the mom’s domicile at birth
* The validity of subsequent paternity acts of legitimation are governed by the law of father’s domicile

Question 5

Conflict of law approach - Interest analysis

Answer 5

The court will consider which states have a legitimate interest in the litigation and apply the law of the forum as long as the forum has a legitimate interest.
- False conflict – Apply the law of the state that has an interest (or dismiss if forum non conviniens)
- True conflict – forum state wins if it has a legitimate interest

Question 6

Conflict of law approach - Most significant relationship

Answer 6

The court considers both connecting facts and policy principles to decide which state is most significantly related to the outcome
- Policy principles – relevant policies, whether application will further specific policies, needs of the interstate / national system, whether application will aid certainty, predictability, and uniformity
- For torts: Apply the law of domicile when loss distribution rule + the parties share a domicile
- For Ks: favor the law that renders the K enforceable