Conflicts of Laws

Question 1

Full Faith and Credit of Foreign Judgments

Answer 1

In order for a state to give full faith and credit to a foreign judgment, 1) there must have been proper jurisdiction in the rendering court, 2) the judgment must have been on the merits, and 3) the judgment must have been final.

Question 2

Defenses to Full Faith and Credit

Answer 2

1) the judgment is a penal judgment
2) The judgment is subject to equitable defenses in the rendering sate (judgment was obtained by extrinsic, but not intrinsic, fraud)

Question 3

Res Judicata Effects

Answer 3

1) merger of the plaintiff’s cause of action into the judgment
2) bar against the plaintiff suing on the same case of action when the judgment favored the defendant
3) collateral estoppel as long as the issue is actually litigated in the prior proceeding and is essential to the first suit’s outcome

Question 4

Recognition of Divorce Settlements

Answer 4

Divorce settlements are subject to full faith and credit so long as the jurisdictional requirements have been met.

Question 5

Collateral Estoppel

Answer 5

any interested person may attack the validity of another state’s divorce decree. Certain persons, however, will be estopped from attacking 1) parties to the prior proceedings, 2) privies of parties (ex. daughter in privity with father, 2) persons who accept a foreign divorce and remarry in alliance theron

Question 6

Choice Of Law

Answer 6

Three main approaches:

1. Vested Rights Approach (First Restatement)
2. Most Significant Relationship Test (Second Restatement)
3. Interest Analysis (governmental interest

Question 7

Vested Rights Approach

Answer 7

1) characterize the area of substantive law
2) determine the particular choice of law rule
3) localize the rule to be applied

The forum will generally apply its own law in characterizing an issue, even if the state where the issue arose would apply a different characterization

Question 8

Most Significant Relationship Test

Answer 8

Consider connecting facts in a given case and whether policy-oriented principles should be considered: 1) what are the needs of the interstate or international systems? 2) what are the relevant policies and interests of the forum? 3) what are the policies and interests of other interested parties? 4) are the justified expectations of the parties to be protected? 5) what are the basic policies underlying the particular substantive field of law? 6) will application of a given law aid certainty? 7) may the determination and application of a specific law be made with ease?

Question 9

Real Property

Answer 9

Under First and Second Restatements, look to the law of the situs, although under Second Restatement, one could find another state more significantly related. The interest analysis places less of an emphasis on the situs.

Question 10

Personal Property

Answer 10

Look to the law of the situs at the time of the relevant transaction. An interest analysis may find another state more significantly related.