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8 Cards in this Set
- Front
- Back
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What are the four main exam testing areas for conflicts?
(Jeff & Rachelle Choose Domicile) |
1) Jurisdiction
2) Recognition of Judgments 3) Domicile 4) Choice of Law |
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How to spot a recognition of judgment question
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1) There will be a judgment rendered in one jurisdiction
2) The call will tell you that one party is seeking to have the judgment upheld in another jurisdiction |
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What is the threshold question for recognition of sister state judgments?
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Is the sister state judgment entitled to full faith and credit
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What two things will tell you it's a conflicts question?
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1) There will be two or more states
2) The state names will be either a color or a letter from the alphabet |
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What must happen for the full faith and credit requirements to be satisfied?
F Jen & Melanie |
1) Jurisdiction must have been proper in the rendering state court
2) Judgment must be On the Merits (default judgments are on the merits; statute of limitations are not) 3) Judgment must be final (look for Modifiable Judgment exception) F Jen & Melanie |
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What is the Modifiable Judgment Exception?
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In modifiable alimony payments (or any modifiable judgment), to the extent that the judgment is modifiable it is not entitled to full faith and credit, but most states will still recognize the judgment based on general comity principles.
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How are the three full faith and credit requirements evaluated? According to which state?
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According to rendering state law
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What are the two steps in determining a sister state's judgments full faith and credit?
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1) Determine if the three full faith and credit requirement have been satisfied
2) Determine if there are any good defenses to FF&C |
