Outline Flashcards
Full Faith and Credit sister state judgments
A court must give full faith and credit to the judgment of a sister state if:
- Proper PJ and SMJ (or fully litigated and determined)
- Judgment on merits
- Final Judgment
Defenses: penal judgment or extrinsic fraud
Comity
Discretion + Principles
Under principles of comity, a recognizing court will exercise discretion to decide whether the judgment should be recognized.
Apply same principles as FFC but scrutinize jurisdiction and look at fairness of judgment.
Choice of Law Issue
The issue presented is which state will govern the outcome of this litigation.
The governing law will be selected by the forum court using…
- Vested Rights Approach
- Most Significant Relationship Approach
- Interest Analysis Approach
Vested Rights Approach Rule
Substantive area of law determines forum.
“The court will apply the law of the state mandated by the vesting rule for the substantive area of law.”
Vested Rights Application
This is a… case. Therefore, the applicable vesting rule is the place of…
Most Significant Relationship Approach Rule
The court will apply the law of the state most significantly related to the outcome of the litigation.
To determine this the court will consider connecting facts and policy principles.
Most Significant Rel. Analysis Steps
- Connecting facts
- Policy principles
- Choose most significant relationship
- Apply governing law
Interest Analysis
Does forum state have an interest?
The court will consider which states have a legitimate interest in the outcome of the litigation.
It 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.
False Conflict
Only one state has an interest.
Apply the law of the interested state.
True Conflict
Forum state and other states have an interest.
Apply Forum state law
Vested Rights - Torts
Where injury occurred
Vested Rights - Contract formation
Where contract was formed
Vested Rights - Contract performance
Where performance was to occur, or where nonperformance occurred
Property - all approaches
Immovable - situs of property
Inter vivos - Situs of transaction
Inheritance - Decedent’s Domicile at Date of Death
Most Significant Rel. - Torts
The one who CHIRPs
Facts and Policy Principles
1. place of injury
2. place of conduct
3. place parties are at home
4. place relationship is centered
5. relevant policies of all states
