Conflicts of Law

Question 1

Three Requirements for FCC Recognition

Answer 1

(1) Proper Jur of rendering court; (2) Judgment on the merits; (3) Judgment is final.

Question 2

Proper Jurisdiction

Answer 2

The rendering state must have had jurisdiction over the parties and the subject matter. FULLY AND FAIRLY LITIGATED: If the question of jurisdiction was fully and fairly litigated in the rendering court, then the jurisdictional determination itself is entitled to full faith and credit; cannot be inquired into.

Question 3

Judgment on the Merits

Answer 3

Merits judgments of a court include default judgments, consent judgments entered after settlement, and dismissals/demurrers for failure to state a claim with prejudice. A judgment for the defendant is not on the merits if it is based on:

1. Lack of personal jurisdiction;
2. Improper venue;
3. Plaintiff’s lack of capacity to bring suit;
4. Misjoinder of parties;
5. Time bars such as SOL
6. Demurrer/failure to state a claim if there is leave to amend

Question 4

Final Judgment

Answer 4

The judgment entered by the rendering court must be a final judgment, which means there is no further judicial action necessary by the rendering court to resolve the litigation. Modifiable judgments are usually not considered final EXCEPT payment support obligations –> final as to PAST PAYMENTS OWED but not towards future payments due.

Question 5

Valid Defenses to Recognition

Answer 5

(1) Penal Judgments; (2) Extrinsic fraud in obtaining judgment (e.g., bribery of judge/juror; fabrication of evidence; misleading party into thinking a continuance was granted, etc.)

Question 6

Invalid Defenses to Recognition

Answer 6

(1) Public policy in enforcing state; (2) mistakes by rendering court; (3) tax judgments. None of these are valid grounds for refusing to recognize a sister state’s judgment.

Question 7

Enforcement of Judgment – governing law

Answer 7

The law of the enforcing state governs method of enforcement.

Question 8

Judgments by Foreign Countries

Answer 8

(1) jurisdiction of foreign court (no fully and fairly litigated exception);
(2) fairness of procedures used in adjudicating the case

Question 9

Constitutional requirements for choice of law

Answer 9

Constitutionally speaking, if the forum state has any significant contacts with the parties or the subject matter of the action, it is not constitutionally bound to apply the foreign state’s conflicting law; however, if the forum state’s only contact is the fact that the suit was brought there or that the plaintiff once lived there, application of substantive forum law will violate due process.

Question 10

Choice of law in federal court sitting in diversity

Answer 10

Apply the choice of law approach of the state in which the federal court sits

Question 11

NY Choice of Law: Interests Analysis

Answer 11

INTERESTS ANALYSIS

1. presumption a NY court will apply NY law
2. consider: whether NY has any interest in the litigation (if not –> false conflict; second state law applies)
3. if both NY and second state have interest, NY applies its own law if it has legitimate interest in doing so.
4. If neither state has an interest, apply law of the forum state.

Question 12

Interests Analysis: ESSAY LANGUAGE

Answer 12

“The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using New York’s interest analysis approach to choice of law. Under New York’s approach, the court will consider which states have a legitimate interest in the outcome of the litigation. If New York has no legitimate interest, the court will apply the law of another interested state.” (THEN DISCUSS INTERESTS AND REACH DECISION)

Question 13

Choice of law: special analysis for Tort Actions

Answer 13

1. “This case involves a choice of law question relating to torts. The New York court will therefore apply the Neumeier rules to determine the governing law.”
   (1) Issues of LOSS DISTRIBUTION –> law of domicile, if parties share common domicile; if no common domicile, place of tort controls (unless no real interest in case, in which case apply either). (2) Issues strictly about conduct regulation –> place of tort controls.

Question 14

Neumeier rules: multiple parties

Answer 14

Apply rules separately for each P vis-a-vis each D (different rules of law can apply to different parties to the case).

Question 15

Neumeier rules: Worker’s Comp

Answer 15

NY will apply its own law of Workers’ Comp for injuries inside the state and for injuries outside the state if sufficient contacts exist. New York favors protecting the workers’ compensation immunity granted by other jurisdictions, where a P recovers under Workers’ Comp in another state and then seeks to bring wrongful death or other tort action in NY.

Question 16

Choice of law and dram shop acts

Answer 16

Where liquor was served in a state without a Dram Shop Act and the injury occurred in a state having such an act, the court will generally follow the rule that the state with the Dram Shop Act will not apply its own law, because that would be extremely unfair to the defendant who would not be held liable in the state where the conduct is legal.

Question 17

Special choice of law rules for contract actions: express consent

Answer 17

Express choice of law controls unless lacked true mutual assent; contrary to public policy; NY no reasonable relationship to the contract BUT if contract >$250,000, choice of law presumptively OK and >$1,000,000 parties may specify NY court as forum, can’t dismiss for forum non conveniens.

Question 18

Contract actions – no express choice of law

Answer 18

interests analysis

Question 19

contract actions - auto insurance policy rights/duties

Answer 19

In NY, all issues regarding rights/duties under automobile insurance policy governed by state where policy was written.

Question 20

Special analysis for property actions

Answer 20

real: law of situs
personal: law is situs at time of transaction; or for inheritance, decedent’s domicile at date of death.

Question 21

Special analysis for marriage

Answer 21

if valid where performed, valid everywhere.
a. Exception: marriages that violate a prohibitory rule (not administrative in nature, but those that express strong public policy, e.g., incest, polygamy, children) not recognized in the state of domicile, if domiciliaries of that state temporarily relocate to another state in order to obtain that type of marriage.

Question 22

special analysis for divorce

Answer 22

the forum will apply its own divorce laws. To acquire jurisdiction, at least one of the parties must be domiciled in state.

Question 23

special analysis for legitimacy

Answer 23

The legitimacy of a child is governed by the law of the mother’s domicile; the validity of subsequent acts of legitimation are governed by the law of the father’s domicile.

Question 24

Defenses to choice of law

Answer 24

Public policy: a forum court will not apply a law that is against its own fundamental public policy. As a practical matter this has been folded into the interests analysis approach. (Remember –– not a defense to recognition of judgments).

Question 25

Choice of law - procedural rules

Answer 25

regardless of the outcome of choice of law analysis, the forum court will always apply its own procedural rules. E.g., statutes of limitations generally viewed as procedural rules by New York courts.
Exceptions
a. Borrowing statute.
b. Limitations that Condition a Substantive Right: if normal choice of law analysis leads to the application of a foreign statute that creates substantive right, then apply the entire statute, including procedural rules.

Question 26

DOMICILE

Answer 26

Intent to remain + physical presence

Question 27

Domicile by operation of law

Answer 27

i. Children –– assigned domicile of parents (follows father); in case of divorce, follows parent who has custody.
ii. Mental incompetents –– retains domicile of parents, unless individual becomes incompetent after acquiring domicile by choice, in which case she retains the chosen domicile.
iii. Corporation –– always state of incorporation

Question 28

Dual domiciles

Answer 28

e. Dual domiciles
i. An individual can have only one domicile. However, courts in two different states may reach conflicting determinations as to which state is the person’s domicile.