Defenses and Recognition of Foreign Judgments Flashcards
Three arguments against the application of foreign law (law from another state)
- Law is procedural
- Law is against public policy
- It is a penal law
General rule re foreign procedural law
If foreign law sought to be applied is procedural –> forum state’s law will always govern
Matters that are generally considered procedural
- Proper court to bring an action
- Sufficiency of the pleadings
- Proper or necessary parties to an action
- Venue
- Rules of discovery
- Service of process
Federal diversity cases under the Erie doctrine
Federal district courts must apply the substantive law of the state where the court sits
*Erie does not require that the forum state’s procedural laws be applied
Recognition of divorce judgments
Divorce decrees from other states are valid as long as
(1) the original state had jx to issue the decree (at least one person resides where the decree was issued) and
(2) the decree is valid in the original state
Bilateral divorce
Valid if…
(1) court has personal jx over both spouses, AND
(2) at least one spouse is domiciled in the state
Ex Parte Divorce
Court has jx to ONLY dissolve the marriage if the plaintiff spouse seeking dovorce is domiciled in the forum state
*Court mat NOT issue binding orders affecting property rights, alimony, and child custody unless the other spouse who is not domiciled there agrees to the order
Child Custody- Governing law and initial custody decisions
- Governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
- Court can make initial custody decisions if it is the child’s home state (child has lived there the last six months OR the child moved from the state less than 6 months ago and at least one parent still resides there)
Modification of child custody orders
Other states cannot modify child custody orders UNLESS…
(1) the original court has no significant connection to the child or parents anymore (i.e. the child nor either of the parents live there anymore)
