Conflicts

Front 1

What are the full faith and credit requirements?

Back 1

1. There must have been proper jurisdiction in the rendering court.
2. The judgment must be on the merits.
3. The judgment must be final.

Front 2

Whose law is examined to determine whether the ff&c requirements have been met?

Back 2

The law of the state that RENDERED the judgment.

Front 3

When is a judgment not on the merits? When are they on the merits?

Back 3

NOT: dismissed

YES: default judgments

Front 4

When is a judgment final?

Back 4

When there are no further judicial actions required by the rendering court, to resolve the litigation.

A judgment that is modifiable as to future installments might be final as to past due installments, and the latter can be enforced in a sister state.

Front 5

What are sufficient defenses to ff&c?

What are insufficient defenses?

Back 5

SUFFICIENT:
1. judgment is a penal judgment (plaintiff is the state); and
2. judgment was procured by extrinsic fraud

INSUFFICIENT:
1. judgment is contrary to public policy of enforcing state;
2. rendering court made a mistake of law or fact.

Front 6

What are the effects of recognizing sister state judgment?

Back 6

Res judicata and Collateral estoppel

Front 7

If a judgment is entitled to ff&c, must it be enforced even if granted erroneously?

Back 7

Yes (assuming the error does not otherwise qualify as a defense).

Front 8

Is ff&c applicable to judgments of federal courts and administrative tribunals?

Back 8

Yes. Applicable to federal courts by statute.

Front 9

What is the principle when determining whether to recognize foreign country judgments?

Back 9

Comity

Courts look to see 1. if the foreign court had jurisdiction and 2. if fair procedures were used.

Front 10

jurisdiction for divorce judgments to receive ff&c

Back 10

when one of the spouses is domiciled in the state granting the divorce.

Front 11

Who can attack the validity of another state's divorce decree?

Back 11

Any interested person. But those estopped from attacking include:
1. parties to the prior proceedings;
2. in privity with parties (children);
3. persons who remarry in reliance
4. person who played a meaningful role in the proceeding

Front 12

divisible divorce doctrine

Back 12

divorce jurisdiction could be met and valid, but alimony, child custody, etc. could be lacking jurisdiction

Front 13

How many domiciles may a person have?

Back 13

One.

Front 14

requirements for domicile

Back 14

1. Physical presence
2. Intention to stay

Front 15

How does domicile by operation of law operate?

Back 15

1. A child's domicile follows that of her custodial parents.

2. Incompetents retain the domicile of their parents. If sane then insane, domicile is where they chose when sane.

Front 16

What's the deal with federal courts applying state law?

Back 16

Under Erie, federal district courts apply the substantive law of the state in which the district court sits.

Front 17

attacking whether jurisdiction was proper

Back 17

can only attack once, either in rendering or recognizing state

Front 18

property awards in divorce jurisdiction

Back 18

must have personal jurisdiction over the spouse whose property rights are in issue

Front 19

custody awards jurisdiction

Back 19

child's home state- 6 month leading to the current proceeding

Front 20

the law to apply will be selected by

Back 20

the forum court

Front 21

vested rights approach

Back 21

The court will apply the law of the state mandated by the applicable vesting rule. The rule is selected according to the relevant substantive area of law.

Front 22

vesting for torts

Back 22

place of injury

Front 23

vesting for contract formation issues

Back 23

place of execution

Front 24

vesting for contract performance issues

Back 24

place of performance

Front 25

vesting for real property

Back 25

situs

Front 26

vesting for personal property- inter vivos transaction

Back 26

situs at time of relevant transaction

Front 27

vesting for personal property- inheritance matters

Back 27

domicile of decedent at date of death

Front 28

most significant relations approach

Back 28

the court will apply the law of the state which is most significantly related to the outcome of the litigation. The court will look at connecting facts and certain policy principles.

Front 29

MSR- torts

Back 29

place of injury
place of conduct causing injury
place of home state
place of relationship between the parties

Front 30

MSR- contracts

Back 30

place of negotiation
execution
performance
home state
place of subject matter

Front 31

MSR- real property

Back 31

situs

Front 32

MSR- personal property- inter vivos transaction

Back 32

situs at time of relevant transaction

Front 33

MSR- personal property- inheritance matters

Back 33

domicile of decedent at time of death

Front 34

government interest approach

Back 34

the court will apply its own law as long as it has a legitimate interest in the outcome of the litigation. If it has no interest, this is a false conflict case and will apply the law of another state.

Front 35

application of the government interest approach

Back 35

almost always will have a legitimate interest because one of its citizens will be involved

Front 36

federal diversity jurisdiction case that was transferred application of law

Back 36

will apply the transferor state's law

Front 37

what procedural law is applied

Back 37

if it is procedural, court will apply its own law

Front 38

choice of law question for contracts with express choice of law

Back 38

it governs and the court never gets to the issue unless

1. selected state has no reasonable relationship
2. no true mutual assent (misrepresentation)

Front 39

statute of limitations- procedural or substantive

Back 39

usually treated as procedural- the court will apply its own SOL

Front 40

exceptions to SOL as procedural

Back 40

1. borrowing statute- the forum is directed to apply the shorter time limit (forum or state where action arose)

2. substantive right- if apply another state's substantive law, also apply the procedural type provision for that law