Conflicts Of Law

Front 1

Spotting A Conflicts Question

Back 1

1) There will always be two states
2) If for State Names use the alphabet

Front 2

Spotting a Recognition of Judgments Questions

Back 2

1) In the fact pattern they will tell you that a judgment was rendered in one jurisdiction

Front 3

Full Faith and Credit

Back 3

1) Jurisdiction
2) Merits
3) Final

Front 4

Rendering

Back 4

The state which handed down judgment

Front 5

Recognizing

Back 5

The state asked to recognize and enforce

Front 6

Defenses to Full and Faith Credit

Back 6

1) Penal (State as plaintiff)
2) Extrinsic (fraud in the first trial)

Front 7

Bad Defenses to Full faith and Credit

Back 7

1) Tax
2) Against second state's public policy
3) Mistake of Law or fact (should have been appealed in first state)

Front 8

Foreign Country Judgments

Back 8

Due Process ?
Jurisdiction was proper
Sham proceedings

Front 9

Family Law Judgments

Back 9

1) Jurisdiction (at least one spouse must be domiciled)

Front 10

Estoppel Checklist

Back 10

1) Subject to personal jurisdiction
2) played meaningful role (paid for the expenses)
3) Privity with parties (children)
4) Marry or remarry in reliance

Front 11

Ancillary Matters: Property and Custody Awards

Back 11

1) Personal Jurisidction over property
2) Custody if the child's home state

Front 12

Divisible Divorce Doctrine

Back 12

If the divorce decree jurisdictional requirement is satisfied and theancillary award jurisdictional requirements are not, the law regards the judgment, i.e. the divorce is valid, the other parts are not

Front 13

Domicile

Back 13

1) Physical Presence
2) Intent to remain

Front 14

Federal court/Diversity Jurisdiction

Back 14

Federal district courts sitting in diversity jurisdiction will apply the conflicts rules of the state in which they are sitting

Front 15

Substance/Procedure Dichotomy

Back 15

In issue is whether the (given law from fact pattern) is substantive or procedural, for if it is procedural the forum will apply its own law.

Front 16

Most Significant relationship Approach

Back 16

Under this approach the court will apply the law of the state which is most significantly related to the outcome of he litigation. To determine this, the ywill look at the 1) the connecting facts, and 2) certain policy principles.

Front 17

Governmental Interest Approach

Back 17

Under this approach 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 legitimate interest, this is a false conflict case and it will apply hte law of another state

Front 18

Vested Rights-PISSED

Back 18

Performance (Contract)
Injury (Tort)
Situs (Real Property location)
Situs at the time of relevant transactions
Execution (Contract formation issues)
Domicile of decedent at death (personal property inheritance matters.