Conflict Of Laws -- Sunday

Front 1

Pa Conflict of Laws

Full Faith and Credit Requirements

Back 1

(1) Deciding Court must have had jurisdiction to decide the case, includes:
(A) SMJ; AND
(B) PJ over the parties;
(2) Judgment must have been "on the merits" (i.e. it must be on the substance of the claim)(would not include judgments based on SOL or procedural grounds e.g. misjoinder of parties, improper venue, etc.);
3- Judgment was final (i.e. there is no further judicial action required of the rendering court necessary to resolve the litigation)

Front 2

Pa Conflict of Laws

Analytical Approach to Pa Conflict of Laws Questions

Back 2

1- Describe Pa. "hybrid approach"
2- Identify the competing state laws and the governmental interests (policies) they represent
3- Determine whether a "true conflict" exists (always exists on exam)
4- If true conflict exists, Pa. applies law of state with the greatest interest
5- Do any "escape valves" exist allowing Pa to apply its own laws?

Front 3

Pa Conflict of Laws

Clarifying Approach to Pa Conflicts Questions (what is the Pa. hybrid approach?)

Back 3

Pa. courts follow a hybrid combine two approaches:
1- Governmental Interest Approach; and
2- Most Significant Relationship Approach (2d Restatement)

Front 4

Pa Conflict of Laws

How do you determine which state has the "greatest interest" in application of its laws?

Back 4

Based on a qualitative analysis of the relevant contacts:
1- Identify the "connecting facts" i.e. the relevant contacts b/w each state and the parties and subject matter; and
2- Weight the contacts according to the policy-oriented factors of the 2d restatement approach

Front 5

Pa Conflict of Laws

Clarifying "how do you determine which state has the "greatest interest" in application of its laws"
(What are the policy-oriented factors used in the 2d restatement approach?)

Back 5

1- What are the needs of the interstate or international systems?
2- Will application of a particular states' law assist in creating certainty, predictability or uniformity of result?
3- Will the application of a particular states' law be difficult to apply?

Front 6

Pa Conflict of Laws

Clarifying Approach to Pa Conflicts Questions (list of "escape valves")

Back 6

1- Pa. Ct. could construe other states law as "procedural" rather than substantive (SOL -- Pa. Statute provides that shorter of the two states' SOLs applies);
2- Pa. Ct. could characterize other states' law as involving a different type of dispute (e.g. Pa. construes disputes over property as being "property" rather than "contractual")
3- Re-characterization of an individual's domicile (important element in application of govt. interest analysis); AND
4- Public Policy -- Refusal to apply other states' law as counter to strong public policy of Pa.