Conflicts of Law Flashcards
Recognition of Judgments Issues
Arises where:
1) Judgment issued by one court (rendering jur)
2) Party seeking to have that judgment recognized in a different jurisdiction (recognizing jur)
Analysis Framework
Step 1: Is the rendering jurisdiction a sister state or a foreign country?
Step 2:
- If sister state: 1) Are the requirements of full faith and credit satisfied? and 2) Are there any valid defenses?
- If foreign country: Is the foreign judgment entitled to comity
Full Faith and Credit Requirements
Evaluate the 3 requirements using the law of the rendering state
1) Jurisdiction
- Rendering state must have had PJ and SMJ
- Exception: When the issue of jurisdiction has been fully and fairly litigated already, that gets FF&C
2) Merits
- Judgment entered by rendering state was on the merits
- Default Judgments, and Consent Judgments after settlement, are both on the merits
3) Finality
- Judgment entered by the rendering court must be a final judgment
Defenses to Full Faith & Credit
1) Penal Judgments
- One that punishes an offense against the public
2) Extrinsic Fraud
- Fraud that could not be corrected during the regular course of proceedings leading to the judgment (e.g., judge was bribed
Invalid Defenses
a) Public Policy
b) Mistakes
Foreign Judgments
The source of the obligation to recognize is comity or treaty.
Comity: Discretion of the recognizing court, considering the same issues as under FF&C, plus two more:
1) Did the foreign court have jurisdiction?
2) Were the procedures in the foreign court fair?
Choice of Law Issues
Arises where:
1) Lawsuit involves factual connections with multiple states
2) Multiple states have different laws leading to different results
Rule: Governing law is selected by the forum court according to its choice of law approach
- Diversity Jur: Applies choice of law approach of state in which it sits
- Transferred DiversityJur: Applies choice of law approach of transferor court
Restrictions
- Due Process and FF&C: Constitution imposes limits if state’s law is chosen that has no significant contact with or legit interest in the litigation
- Statutory: If forum state has a statute that directs choice of law, then the forum court will apply the statute
Choice of Law Structure
Paragraph 1: Describe Choice of Law
Paragraph 2: Describe Choice of Law Approach
Paragraph 3: Apply the Approach
Vested Rights
First Restatement
Step 1: Categorize the substantive area of law
Step 2: State the applicable vesting rule
Step 3: Apply the vesting rule to determine governing law
Step 4: Apply governing law to determine result
Interest Analysis
Step 1: Discuss which states have legitimate interests
Step 2: Characterize the type of conflict (false or true)
Step 3: Choose governing law based on type of conflict
Step 4: Apply governing law to determine result
Most Significant Relationship
Second Restatement
Step 1: Discuss connecting facts
Step 2: Discuss policy principles
Step 3: Choose governing law based on most significant relationship
Step 4: Apply the governing law to determine result
Choice of Law Application - Torts
Vested Rights Rule: Governing law is the law where the injury occurred
Most Significant Relationship Rule
- Factual Connections
- Place of injury
- Place of conduct causing injury
- Place where parties are at home
- Place where relationship is centered
- Policy principles
- Relevant policies of the forum state
- Relevant policies of other connected states
Choice of Law Application - Contracts
Special Rules
- Choice of Law provision will be enforced if valid and express (displaces typical choice of law analysis)
- Look for no reasonable relationship to contract, and no mutual assent
Vesting Rights Rule:
- If case is about formation –> apply law of place of execution
- If case is about performance –> apply law of place of performance
Most Significant Relationship Rule:
- Factual Connections
- Place of contracting
- Place of negotiation
- Place of performance
- Place where parties are at home
- Policy principles
- Relevant policies of forum state
- Relevant policies of other connected states
- Reasonable expectations of the parties
Choice of Law Application - Property
All approaches basically apply the same rules
Real Property: Apply the law of the situs
Personal Property
- If inter vivos transaction, apply the law of the situs at time of transaction
- If a matter relating to inheritance, apply the law of the decedent’s domicile at date of death
Choice of Law Application - Family Law
Marriage: If valid where performed, recognized as valid everywhere
- Exception: When domciliaries of one state temporarily relocate to perform a marriage that violates a prohibitory rule of home state
Divorce: Forum will apply its own divorce laws
Legitimacy:
- Governed by law of the mother’s domicile at time of child’s birth
- Validity of subsequent acts of legitimation governed by law of father’s domicile
Defenses to Choice of Law
Public Policy: Forum court will not apply a law that is against its own fundamental public policy
Procedural Rules: Forum court will always apply its own procedural rules
- SoL typically procedural
- But Borrowing Statutes adopt the shorter period btw. forum and foreign
- If applying foreign statute that creates a substantive right, then apply the entire statue (even if it includes SoL)
Domicile by Choice
An individual with domicile capacity acquires a domicile when two conditions are satisfied:
1) Physical presence (even fleeting presence)
2) Intent to remain indefinitely (intent, not motive)
You keep your old domicile until a new domicile is perfected
