Limits on Choice of Law Flashcards
What does the Full Faith and Credit Clause of the Constitution do?
it states that all 50 states must give full faith and credit to court decisions made in other states.
To what does the Full Faith and Credit Clause apply?
only state courts and state decisions. Federal courts are not bound by the Full Faith and Credit Clause.
Must federal courts recognize state court judgments?
yes, but not under the Full Faith and Credit Clause. A federal statute requires the federal courts to respect and give full faith and credit to state court judgments.
What is the modern test for determining whether the application of a state’s choice of law rules is constitutional?
the application of a state’s choice of law rules is constitutional if: 1) that state has significant contacts with the parties and the occurrence/transaction at issue; and 2) that state has an interest in the events and the outcome of the action.
