Conflicts of Law

Question 1

Recognition of Judgments

Answer 1

(1) Full faith and credit elements satisfied (jurisdiction, merits finality) - evaluated under rendering state law
(2) No valid defenses (penal judgment, extrinsic fraud)

Question 2

FFC #1 - Jurisdiction Element

Answer 2

Rendering state must have had jurisdiction over the parties (note if PJ issue litigated fully and fairly then okay)

Question 3

FFC #2 - Merits

Answer 3

Judgment must have been on the merits

DOES NOT includes, SOL, lack of jx, dismissal due to misjoinder, improper venue

Question 4

FFC #3 - Finality

Answer 4

Rendering court must be a final judgment (judgment on appeal is NOT final)

Question 5

FFC Defenses

Answer 5

Penal Judgment - NOT entitled to FFC (P is the state)
Extrinsic Fraud - fraud that can’t be corrected during course of proceedings leading to judgment
INVALID Def. - Public policy or mistakes

Question 6

Choice of Law - Torts

Answer 6

Vesting Rule - law where injury occurred

Interest Analysis - consider place of injury, domicile, policies of the forum state and connected state

Question 7

Choice of Law - Contracts

Answer 7

If K expresses provision - valid
Invalid if no reasonable relationship or mutual assent
Vesting Rights - If about FORMATION apply execution forum; if PERFORMANCE apply place of performance
Interest Analysis - Place of contract, negotiation, performance, domiciled; policies of both states/expectations

Question 8

Choice of Law - Property

Answer 8

All approaches continue to apply same rules
Immovable property - apply law of the situs (location)
Movable - If INTER VIVOS - situs at time of tx; if INHERITANCE - law of decedent’s domicile at date of death

Question 9

Choice of Law - Family Law

Answer 9

Marriage - valid everywhere unless move outside domicile to avoid prohibitory rule
Divorice - forum applies own rules as long as one party domiciled
Legitimacy - mother’s domicile at time of birth and subsequent legitimation acts by father’s domicile

Question 10

Choice of Law - Defenses

Answer 10

Public Policy - forum won’t apply law against fundamental PP (not associated w/ recognition of judgments)
Procedural Rules - regardless of choice of law, forum applies own procedural rules

Question 11

Domicile

Answer 11

(1) Physical Presence
(2) Intent to Remain indefinitely (motive irrelevant)
Children - Parents, or if divorce custodial parent
Incompetents - parents, or retains domicile if arises after choice of domicile

Question 12

Interest Analysis Dependent on True/false Conflict

Answer 12

True conflict - forum and another state have an interest in having their laws applied.
False conflict - only one state has such an interest