Conflicts Of Law

Question 1

Rendering state

Answer 1

State handing the judgment down

Question 2

Recognizing state

Answer 2

State called upon to recognize and enforce the judgment.

Question 3

Analysis for full faith and credit

Answer 3

1) are the three full faith and credit requirements satisfied
2) are there any good defenses to full faith and credit

Question 4

Requirements for full faith and credit

Answer 4

1) jurisdiction must have been proper in the rendering court
2) judgment must be on the merits
3) judgment must be final

Question 5

Rule for attacking jurisdiction

Answer 5

Jurisdiction can only be attacked once either in the rendering court proceeding on the recognizing court proceeding.

Question 6

Default judgment rule

Answer 6

Default judgments are on the merits

Question 7

What law is used to evaluate full faith and credit requirements

Answer 7

Full faith and credit requirements are evaluated according to the rendering state law.

Question 8

Good defenses to full faith and credit

Answer 8

A) the judgment is penal

B) judgment was procured by extrinsic fraud

Question 9

Extrinsic fraud

Answer 9

If the fraud could have been dealt with during the earlier trial in the regular workings of the judicial system it’s intrinsic fraud, if not it’s extrinsic fraud.

Question 10

Bad defenses to full faith and credit

Answer 10

A) judgment is contrary to the recognizing state’s public policy

B) mistakes of law or fact were made.

Question 11

Recognizing a foreign country’s judgment

Answer 11

Foreign country judgments are giving comedy if our fairness standards are satisfied both in terms of whether jurisdiction was proper and whether fair procedures were given during the earlier litigation.

Question 12

Requirements for domicile

Answer 12

A) physical presence in a place

B) intent to be domiciled in that place

Question 13

Answer for a choice of law question

Answer 13

The court will apply the law selected by the forum court using its choice of law approach subject to constitutional and statutory limitations.

Question 14

Constitutional limitations

Answer 14

The law applied is that of a state not having any significant contact with and/or legitimate interest in the litigation.

Question 15

Statutory limitations

Answer 15

State or federal statutes directing the court as to what law it must or cannot apply.

Question 16

Conflicts rule for federal courts sitting in diversity

Answer 16

Federal District Court sitting in diversity jurisdiction will apply the conflicts rules of the state in which it is located.

If the case has been transferred from another district, the court will apply the conflicts rules of the transferor state.

Question 17

Vested right approach

Answer 17

The court will apply the law of the state mandated by the applicable vesting rule. Applicable rule is selected according to the relevant substantive area of law.

Question 18

Most significant relationship approach

Answer 18

Court will apply the law of that state which is most significantly related to the outcome of the litigation. To determine this they will look at the connecting facts and certain policy principles.

Question 19

Interest analysis approach

Answer 19

Court will apply its own law as long as it has a legitimate interest in the outcome of the litigation. If it has no legitimate interest this is a false conflict case and it will apply the law of another state.

Question 20

Vesting rule in torts case

Answer 20

Place of injury

Question 21

Contracts choice of law clause

Answer 21

If there is a valid express choice of law provision in a contract it governs and the court never gets to its choice of law approaches.

Question 22

Reasons to invalidate a choice of law clause

Answer 22

A) law selected is that of the state having no reasonable relationship with the contract

B) no true mutual assent

Question 23

Vesting rules for contracts

Answer 23

For formation problems it’s the place of execution.

For performance problems it’s the place of performance or the primary place of performance if in more than one state

Question 24

Vesting rule for real property

Answer 24

The situs of the real property.

Question 25

Vesting rule for personal property transferred during life

Answer 25

Situs at the time of the relevant transaction.

Question 26

Vesting rule of personal property transferred at death

Answer 26

Domicile of the decedent at date of death

Question 27

The rule for marriages

Answer 27

If a marriage is valid where it is performed it will be recognized as valid everywhere unless domiciliaries of one state temporarily leave that state and go elsewhere to get married in order to avoid a prohibitory rule of their state of domicile. then their state of domicile would not recognize the marriage.

Question 28

Choice of law chosen is against forum’s public-policy

Answer 28

This defense is almost never accepted and under the modern trend it’s not even a defense but rather part of the basic analysis.

Question 29

Substance/procedure dichotomy

Answer 29

Forum will use its choice of law approaches to determine which substantive law to apply. However if the matter is procedural it will apply its own law.

Question 30

General rule for statute of limitations

Answer 30

Statutes of limitation are treated as procedural so the forum will apply its own statute.

Question 31

Two exceptions to the basic statute of limitations rule

Answer 31

A) borrowing statutes

B) statute contains substantive right

Question 32

Borrowing statutes

Answer 32

Forum is directed to apply the shorter time limit meaning either that of the forum or that of the state where the cause of action arose.

Question 33

Statute containing substantive right

Answer 33

If you apply another state’s statute which creates a substantive right you should apply the entire statute including it’s otherwise procedural type provisions.

Question 34

Modern trend for statute of limitations

Answer 34

Statutes of limitation are treated as substantive matters subject to a basic choice of law analysis.