MEE Conflict of Laws Flashcards
What are the two elements of a recognition of judgements?
(1) A judgment has been entered by a court in one jurisdiction; and
(2) A party is seeking to have that judgment recognized by a court in a different jurisdiction.
What is the FIRST step in a recognition of judgements analysis?
Determine whether the rendering jurisdiction is a sister state or a foreign country.
What are the TWO steps in a sister state judgement recognition analysis?
(1) Are the requirements for Full Faith and Credit satisfied?; and
(2) Are there any valid defenses?
What are the 3 requirements for Full Faith and Credit to be awarded to a rendering state judgement?
(1) The sister state court must have jurisdiction (both SMJ and PJ);
(2) The judgement must have been on the merits;
(3) Must be a final judgement.
(Note: the RENDERING state law is used to determine if these 3 requirements are met.)
What are the valid defenses/exceptions to Full Faith and Credit?
(1) A penal judgment is not entitled to full faith and credit. A penal judgment is one that punishes an offense against
the public.
(2) A judgment obtained by extrinsic fraud is not entitled to full faith and credit. Extrinsic fraud is fraud that could not be corrected during the regular course of proceedings leading to the judgment.
What are invalid defenses to Full Faith and Credit?
(1) Public Policy
(2) Mistake
For a foreign court rendering jurisdiction (comity), what does the U.S. court have descretion to decide?
Did the foreign court have jurisdiction?
Were the procedures of the foreign court fair?
What is the Vested Rights (First Restatement) approach?
Under this approach the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.
What is the Interest Analysis approach?
Under this approach the court will consider which states have a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum state has no legitimate interest, it will apply the law of another interested state
What is the Most Significant Relationship (Second Restatement) approach?
Under this approach the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.
How is the First Restatement applied to Torts?
The governing law is the law where the injury occurred.
How is the Second Restatement applied to Torts?
Look at the FACTS, where is the place…
(1) of injury;
(2) of the conduct causing injury;
(3) where the parties are at home; and
(4) where the relationship, if any, is centered.
Look at the POLICY principles…
(1) the relevant policies of the forum state and
(2) the relevant policies of other con‐
nected states.
When law of place of injury will NOT be applied in Torts? What must be present for the exception?
(1) the rule at issue is a loss distribution rule (such as loss limitations, vicarious liability rules, and rules eliminating liability like immunity rules); and
(2) the parties share a common domicile.
If there is a choice of law provision in a contract, what 2 elements will make the provision enforceable?
A choice of law provision will be enforced if it is valid and express.
What will typically make a choice of law provision in a contract unenforcable?
The law selected has no reasonable relationship to the contract OR the provision was included without true mutual consent (misrepresentation of how the law works).
