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24 Cards in this Set

  • Front
  • Back
recognition of sister state judgments, generally
must meet FF&C reqs; and no valid defenses
FF&C reqs
valid jurisdx; judgment was final; judgment was on the merits (including default and consent, but NOT soL)
defenses to FF&C
must discuss, even if they don't work; judgment is penal, "which is a judgment rendered for an offense against the publc" (criminal or civil fines; not punitives); extrinsic fraud;
non-defenses to FF&C
must discuss, even if they don't work; including intrinsic fraud, like perjury; tax judgmetns; violation of forum's PP; mistakes by judge in earlier trial; inconsistent judgments
recognition of foreign country judgments
if comity test is satisfied: proper jurisdx and fair procedures must have been used
recognition of divorce decree
a valid divorce req's proper SMJ - that one spouse was domiciled in the state rendering the divorce
BoP for recognition of divorce decree
The attacker bears the BoP and can introduce any relevant evidence whatsoever
Matrimonial recognition, not divorce decree
property awards- must have personal jurisdx (so he can't go to Vegas and get alimony awarded over her w/o her); child custody- valid jurisdx only in child's home state;
vested rights approach to torts
When the CoA arises, P's rights become vested; so the place of the injury, not the negligence
vested rights approach to K
rights vest the moment the K is made;
Babcock choice making
if false conflict, apply law of interested state; if true confilct, apply law of forum state, unless other is much stronger; if disinterested forum, apply law closest to NY or better law; if no interested state, apply NY law
Babcock + Torts
Apply 5 step babcock + 3 step Neumeier: Basically, apply alw of place of injury unless both parties live somewhere else; see next card for full analysis
1) same domicile rule - if P&D are same domicile, use that state; 2) if different states, use the law of place where accident occurs if it helps its citizen; 3) if different states and neither law helps its citizen, use law of place of injury
Babcock + K
can always choose law for construction; for K validity, choose any law if not contrary to fundamental PP, a substantial relationship to the parties or the transaction; and choice is free of duress (not adhesion K)
NY Special K
for large K's, if ≥ $250k, parties can choose NY law even if no connection; if ≥ $1M, parites can use a NY forum selection clause and no dismissal for FNC
Insurance Ks, choice of law
all issues regarding the rights and duties under an ins policy are determined by the state where the policy was written
real & personal property, choice of law
real: situs of property, no interest analysis; personal: situs rule, but if intestate succession, choose decedent's domicile at death
inheritance, choice of law
a non-NY domiciliary can choose NY in a will to dispose of NY assets, even if it would oust a spouse from elective share
marriage law, choice of law
if valid where performed, valid everywhere; unless it would violate strong PP of a state; if invalid b/c of failure to comply with some technical reason, still valid in NY if would have complied
divorce law, choice of law
governed by the law of P's domicile
defenses to choice of law
forum will not apply procedural law of another state; public policy (not a defense to FF&C); penal (will not apply penal law of another state)
judicial notice of other law
courts will take judicial notice of sister state and federal law; but the law of foreign country is a *fact* which must be pleaded and proved; if can't be proved, NY ct will apply NY law, as long as no injustice
choice of law, const'l limits
The state chosen must have significant contacts with the parties or the subject matter of the litigation which gives it a significant interest in seeing its law applied. ("significant contacts giving a legitimate interest"); no weighing, just need to meet the test
Interest Analysis
Babcock approach: 1) factual contacts w/each state; 2) note diff state laws; 3) policies underlying each state's law; 4) relate facts to policies to see if state has an interest in applying its law; 5) apply the law of the state w/greatest governmental interest