Recognition of Foreign Judgements Flashcards
What are the three general arguments against the application of foreign law (law from another state)
- It is procedural rather than substantive.
- Against public policy
- A penal law
What is the rule for procedural law?
If the foreign law is procedural, the forum state’s law will always govern.
What types of matters are considered procedural?
Venue, discovery, service of process, etc.
What is the rule for procedural and substantive law in federal diversity cases?
Federal district courts must apply the substantive law of the state where the court sits.
Valid Federal Law on Point
- Apply federal law.
- If Federal RULE: court must determine if valid under
Rules Enabling Act.
- Does the rule enlarge, modify or abridge a
substantive right? If no, apply rule. If yes, apply
rule unless it would affect substantive rights.
No Federal Law on Point
- Apply state law if failure to do so would be outcome determinative.
What is the rule for laws against public policy?
Both First and Second Restatement: if a foreign law violates public policy, then the forum court may refuse to apply that law.
What is the rule for penal laws?
Both First and Second Restatement: Will not enforce another’s state’s penal laws.
What is the rule for recognition of divorce judgements?
Bilateral divorce: (PJ over both spouses), and at least one spouse is domiciled in the state, then divorce judgement is valid and will be entitled full faith and credit.
Ex Parte Divorce: Only PJ over one spouse, can issue divorce, but thats it (no custody or support or property determinations).
What is the rule for child custody?
UCCJEA.
A court can make initial custody decisions if it is in the child’s home state. Other states cannot modify unless neither parent or child reside in the state.
What is the rule for statute of limitations?
Under the traditional approach, statutes of limitation issues are generally procedural. The First Restatement approach provides that statutes of limitation are substantive when they are inextricably bound with a statutory right.
Under the most significant relationship approach of the Second Restatement, the forum state generally applies its own statute of limitations.
When there are two valid final judgments, which judgment is entitled to full faith and credit?
The last judgment.
What is the rule for damages?
First Restatement: Substantive. But statutory limits are procedural.
Second Restatement: State law with most significant relationship.
What is the rule for the parol evidence rule?
Substantive.
What is the rule for evidentiary privileges?
First Restatement: Procedural.
Second Restatement: law of the state with the most significant relationship. Presumption in favor of law that allows admission of evidence.
