Conflicts of law

Question 1

What 4 requirements must a court find to give full faith & credit to a sister states’ judgement?

Answer 1

1. valid jurisdiction over both parties
2. subject matter jurisdiction over litigation
3. judgement final
4. judgement on the merits (includes default & consent judgements)

Question 2

To satisfy due process & FF&C, what must forum/ chosen state have?

Answer 2

Significant contact with parties & subject matter

Question 3

In general, if parties have the same domicile what law is applied?

Answer 3

The law of the shared domicile

*otherwise usually apply the law of place where accident occurs

Question 4

Under government interest analysis (GIA), what is the false conflict rule?

Answer 4

only 1 state has interest in its law applying (apply that law)

Question 5

Under GIA, what is the true conflict rule?

Answer 5

if 2 or more state have interest & 1 is the forum state, apply forum state law UNLESS the interest of the other is greater (ex. if D would not be liable if other state law was applied and D resident of other state)

Question 6

Under GIA, what is the disinterested forum rule?

Answer 6

2 or more states have interest but forum state is not 1 –> apply the law closest to NY law

Question 7

What are the 4 elements of the center of gravity/ Babcock test?

Answer 7

1. list factual contacts w/ ea state
2. look @ legislative history & court decisions to find underlying policies of ea state’s law
3. relate facts to policies to see if state has interest
4. assess favorability of state’s law to the parties

Question 8

In tort cases, what is the same domicile rule? (neumeier 1)

Answer 8

P & D domiciled in same state

-use that state’s law

Question 9

In tort cases, what is the different domicile rule? (NY Neumeire 2)

Answer 9

P&D domiciled in different states

-apply law of state where accident happened if it helps its citizen

Question 10

In tort cases, what is the “law does not help” rule? (NY Neuimeir 3)

Answer 10

P&D domiciled in different states & law of place of accident does not help its citizen party
-still apply accident states law unless other state has greater interest

Question 11

When will NY not honor an express choice of law provision in a contract? (4)

Answer 11

1. law contrary to public policy
2. no true consent (fraud, mistake)
3. no reasonable basis for choice of that states law
4. NY statue of frauds circumvented

Question 12

What law controls for auto insurance contracts?

Answer 12

law where policy was written

Question 13

In NY, what 2 types of large contracts need a reasonable relationship to NY to be valid?

Answer 13

Contracts for

1. labor
2. personal services

Question 14

What law is applied to property in COL situations?

Answer 14

law of situs (where property is located)

Question 15

What is the general COL rule for marriage?

Answer 15

if marriage is valid where performed, then valid everywhere

Question 16

When is the general COL rule that marriage invalid everywhere if it is invalid where performed not true?

Answer 16

IF marriage failed to comply with technicial requirements of state where performed
-will be valid if valid in NY

Question 17

What law generally govern’s divorces?

Answer 17

law of P’s domicile

Question 18

What is a bi-lateral divorce?

Answer 18

1 spouse is domiciled where divorce granted but both subject to personal jurisdiction

Question 19

What 4 factors would estopp a party fr attacking a divorce for lack of SMJ?

Answer 19

1. party subject to personal jurisdiction at earlier proceeding
2. party played meaningful role in granting divorce
3. persons in privity with party (kids)
4. spouse who has remarried in reliance on earlier divorce

Question 20

What type of foreign laws/ sister state laws are usually applied in COL situations?

Answer 20

substantive laws (NOT procedural…ex: SOL, counter-claim rules)

Question 21

What is the Erie Doctrine of Federal Courts?

Answer 21

federal court sitting in a diversity case must use the choice of law rules of the state it sits

Question 22

What types of modifiable judgements will be enforced?

Answer 22

Future alimony/ child support

Question 23

How is the law of a foreign country handled in NY courts?

Answer 23

foreign law is treated as a fact that must be pleaded and proved
(If foreign law cannot be determined apply NY law if there is no injustice)

Question 24

What is an ex-parte divorce?

Answer 24

only 1 spouse is validly domiciled where divorce is granted