MEE Essentials: Conflicts Flashcards
CONFLICTS X FAMILY LAW
Full Faith + Credit
A state must recognize FINAL judgments of other states so long as the judgment is ON THE MERITS and the other state HAD JURISDICTION (aka valid)
CONFLICTS X FAMILY LAW
Recognition of marriage
A marriage that is valid under the state where it was contracted will be VALID ELSEWHERE unless it violates STRONG public policy of state with most SIGNIFICANT RELATIONSHIP to spouses and marriage
CONFLICTS X FAMILY LAW
Violations v. non-violations of public policy
VIOLATIONS: incest, polygamy
NOT violations: blood test, marriage license, common law marriage (commonly tested! Common law marriage always recognized by other state if valid in issuing state)
CONFLICTS X FAMILY LAW
jdx over divorce v. jdx over finances/property
DIVISBLE DIVORCE DOCTRINE
PJ over both spouses NOT necessary for divorce decree; rendering decree just needs jdx over PLAINTIFF spouse
BUT PJ is required over both parties for binding property/support order
CONFLICTS X FAMILY LAW
premarital agreement choice of law
Some states apply law of state where K WAS EXECUTED
Other states apply law of state with MOST SIGNIFICANT RELATIONSHIP to parties/transaction
CONFLICTS X FAMILY LAW
Full faith + credit divorce
If divorce decree is validly issued, other states MUST recognize (even if jdx was only over one spouse)
CONFLICTS X CIV PRO
Klaxon rule + exception
A federal court sitting in diversity must apply the CHOICE OF LAW approach of the STATE in which it SITS
BUT if case is transferred to more appropriate forum, ORIGINAL/TRANSFEROR court choice of law applies (ONLY if original forum was proper)
CONFLICTS X CIV PRO
Change of venue rule statement
A court may transfer a case to a district court in which it could have been brought if CONVENIENCE and INTEREST OF JUSTICE favor a transfer
CONFLICTS X CIV PRO
Change of venue choice of law if initial forum IMPROPER
When initial forum was improper, transferee court will apply its own law
CONFLICTS X CIV PRO
Statute of limitations rule statement
Generally, a court applies its own statute of limitations unless the claim would be BARRED by law of state with MORE SIGNIFICANT RELATIONSHIP to parties
CONFLICTS X CIV PRO
Statute of limitations/substance v. procedure
Generally, a court will apply its own PROCEDURAL laws even if SUBSTANTIVE laws of another state are applied to the case.
Statute of limitations generally PROCEDURAL
CONFLICTS X CIV PRO
Statute of limitations exception: borrowing statutes
Some states have borrowing statutes that indicate another state’s statute should be used in certain cases
CONFLICTS X CIV PRO
Statute of limitations exception: characterization
When statute of limitations specific to certain KIND of claim and was created by the law that created the applicable cause of action, courts will CHARACTERIZE statute of limitations as SUBSTANTIVE
CONFLICTS X CIV PRO
Statute of limitations exception: interest analysis
Some states will use interest analysis to resolve choice of law issues, including statutes of limitations
CONFLICTS X CIV PRO
Contracts Choice of Law (2R and general rule)
Generally, forum selected in contract will apply
2R rule: law chosen by parties will apply UNLESS 1) forum has NO substantial relationship or 2) application of chosen law is contrary to public policy of state with most significant relationship
