KS: Conflict of Laws Rules

Question 1

State judgments

Answer 1

must be entitled to full faith and credit

• valid jurisdiction
• judgment final
• on the merits

Question 2

Defenses to full faith and credit

Answer 2

penal judgment, rendered for offense against the public; or extrinsic fraud

Question 3

Foreign country–COMITY test

Answer 3

was jurisdiction proper under Due Process principals?

were fair procedures used under the recognizing the state’s law?

Question 4

Divorce:

Answer 4

JX: if one spouse was domiciled in rendering state and decree is valid in rendering state, recognizing state will give FFC
*Any interested party may collaterally attack the validity of another state’s divorce decree–except if estopped because you were a party to the prior proceeding or are in privity with party.

Question 5

Domicile

Answer 5

Legal capacity: ability to fend for yourself
Physical presence in state
intent to remain indefinitely
*Kansas: may establish new domicile even if fleeing original state with a bad motive

Question 6

Choice of law rules: Vested rights approach

Answer 6

KANSAS LAW

• torts: place of injury
• K: express choice of law prevails as long as there was reasonable relationship and mutual assent; otherwise where K is made or where it was performed
• Real estate: situs of property
• Personal property: if intervivos, situs at time of relevant action; inheritance, domicile of decedent at death

Question 7

Choice of law rules: Most significant relationship test:

Answer 7

Apply law of the state that is most significantly related to the outcome of the litigation

• look at connecting facts and certain policy principles
• list facts then say “on these facts” and say who has interest

Question 8

Most significant relationship test: Qualitative evaluation of the facts

Answer 8

Tort: place of injury, where conduct causing the injury occurred, domicile/place of incorporation/place of business of parties, where relationship is centered

• Contract: place of contracting, negotiation, subject matter, performance, domicile/principal place of business/place of incorporation of parties
• Real estate: situs of property
• Personal Property: state having most significant relationship to the action

Question 9

Choice of law rules: Governmental interest

Answer 9

GR: forum applies it own law
- list factual contacts with each state, note different state laws on the issue, look at policies underlying each state’s laws and relate the facts to the policies to see if state has an interest in having their law applied if a rule regulates conduct, such as speed limits, the choice of law will be the state where the conduct occurred

Question 10

Arguments for foreign law applications

Answer 10

law is procedural
law is against public policy
law is penal or tax
*must plead and prove the foreign law or forum law will apply– if not proven, KS will apply its own law.