MEE - Conflict of Laws Flashcards
Full Faith and Credit Clause
Under the Full Faith & Credit Clause a court must give recognition to a sister judgment where the judgment is final, on the merits and the issuing court had jurisdiction over the parties and the subject matter.
Defenses to Full Faith & Credit Application
The defences to application of the Full Faith & Credit clause are:
1/ that the judgment imposes a penalty (tax penalty and exemplary damages won’t do)
2/ that the judgment was procured by extrinsic fraud (like the judge being bribed)
Full Faith and Credit (jurisdiction over the subject matter and the parties)
Will not exist if Cindy sues Derek in her home state and home state has no jurisdiction over Derek and Derek never appears to contest jurisdiction but Cindy gets a default judgment
Full Faith and Credit Clause (on the merits)
For the Full Faith and Credit Clause to apply, the judgment issued has to to have been issued on the merits.
On the merits judgments are:
Default judgment
Consent judgment
Statute of limitation where shorter period was borrowed
Statute of limitation where limitation was inherent in the statute from which relief is sought
Not on the merits:
Dismissed/decided not on the proper basis
Misjoinder
Improper venue
Failure to state a claim (where dismissed without prejudice)
Statute of limitations (save for above)
Full Faith and Credit Clause (final judgment)
A final judgment is where there is no further action required to resolve the issue. A judgment awaiting an appeal is not final; orders which are subject to possible modification are only final for the past rights which have accrued (think child custody orders)
Recognition of foreign judgments
May be recognised through international comity principles, provided that (i) foreign court had jurisdiction (ii) parties provided with procedural fairness
Vested rights (1st restatement)
Under the vested rights approach, in determining which law applies, the court will look at where the injury occurred (in case of torts) or where the contract was formed (for validity and formation) and performed (for breach).
Interest approach
Under the interest approach, in determining which law applies, the court will look for the jurisdiction that has an interest in the outcome of the litigation.
Substantial connection approach (2nd restatement)
Under the substantial connection approach, in determining which law applies, the will apply the law of the state that is both factually connected (i.e. where the injury occurred) and that has an interest in the outcome. In determining this, the court will look at: place of injury, business, domicile etc.
Choice of law clause & defences
A court will apply a choice of law clause within the contract not according to the common law principles. The defences to a choice of law clause are that:
1/ It was procured by fraud / no consent
2/ There is no real relationship between the parties and the clause
3/ The clause is contrary to public policy principles of the jurisdiction with a substantial connection to the outcome of the case (this involves applying the substantial outcome test to the facts to determine I public policy will be offended)
Diversity cases
In a federal court applying diversity jurisdiction, the court will apply the substantive law of the state in which it sits.
1/ if the case is transferred from a proper venue or in violation of a forum clause, the court will apply the law of the original venue
2/ if the case is transferred from an improper venue, the court will apply the law of the new venue
Personal property
Immovable / land -> the law where the property is located.
Movable / personal property -> location of the transaction -> if property part of inheritance? The decedent’s domicile at place of death.
