Conflicts Of Law

Front 1

requirements for the judgment to be entitled to full faith and credit

Back 1

judgement must meet the full faith and credit requirements AND
no valid defenses apply

Front 2

requirements for full faith and credit requirements

Back 2

valid jurisdiction in the rendering court over both the parties and the subject matter of the litigation

The judgment was a final judgment

Front 3

if a judgment is modificatiable

Back 3

it is not a final judgment and gets no full faith and credit. but it will usually stll be enforced under comity

judgment must have been rendered on the merits.

Front 4

two examples of modificable judgments

Back 4

future alimony
future child support

Front 5

default judgments
consnet judgments
are/are notjudgments on he merits or full faith and credit purposes

Back 5

are

Front 6

judgments to full faith and credit that are good

Back 6

judgment is penal
a judgment renderd for an offense against the public

extrinsic fraud
it is extrinsic fraud if the fraud could not have been coped with in the earlier trial

Front 7

only example of extrinsic fraud to fraud to worry about

Back 7

bribery of a judgment

Front 8

non-defenses that will ot work to full faith and credit

Back 8

judgment is a tax judgment
judgment is based on a cause of axn that violates a forum's public policy
mistakes by the judge in the earlier trial
A later udgment can be enforced even though it is inconsistent with a valid earlier one
enforce the last judgment in time

Front 9

foreign country judgments can be recognized and enforced if

Back 9

a two-party comity test is satisfied
jurisdiction must have been roper and fair procedures must have been used in the foreign country proceedings

Front 10

to apply the foreign country's judgment two-part test use

Back 10

recognizing state's law and this means that state's ideas of due process wer there enough contcts with the litigation or the parties to make jurisdiction fair

Front 11

a valid divorce requires proper subject-matter jurisdiction and this requires that:

Back 11

one of of the two spouse be domiciledin the state rendering the divorce

Front 12

three types of divorce

Back 12

ex-parte divorce where only one of the spouses is validly domiciled where the divorce is granted
the bilateral divorce where one of the spouses is domiciled where the divorce is granted and both spouses are subject to personal jurisdictio there.

the consent divorce where bothh want out and go somewhere to get it.
but remember, still need jurisdiction

Front 13

burdens of proof for divorce

Back 13

the attacking party bears the buden of proof and can introduce any relevant evidence whatever even if the evidence cae into existence after the divorce was granted

Front 14

who can attack a divorce decree fr lack of subject-matter jurisdiction

Back 14

any unlisted person who is no estopped can attack

strangers to the marriage cannot attack it

Front 15

four basic situations for estoppel for attacking a divorce decree

Back 15

where the atacker was subject to personal jurisdiction in the earlier proceeding, thus the spouse in a bilateral divorce canno later attack tht divorce.

where the attacker may not have been subject to p in the earlier proceeding, bu played a meaningful role in the granting of the divorce

persons who are in privit with a party to the force, including children.
a spouse who has remarried in reliance on the earlier divorce

Front 16

a court granting alimony or child support must have

Back 16

personal juridiction over the spouse whose prperty rights are in issue

Front 17

jurisdiction for child custody determinations

Back 17

lies only in the child's home state

Front 18

domicile of the decedent is used

Back 18

to choose the law to be applied to deermine inestate successio of personal property

Front 19

domicile at death determines

Back 19

which state gets estate taxes

Front 20

domicile of an iniiduals _______________divorce

Back 20

gives smj for a divorce

Front 21

domicile of choice

Back 21

egal capacity is needed to make a domicile of choice.
the standard the ability to fend for yourself.

Front 22

two part-test to establish to a domcile of choice

Back 22

physical presence in that state
the intent to remain for the foreseeable future

these are factual issues dscuss them in reltion to the facts given

physical presence can be for a short time and still satisfy the requirement

actions speak louder than words what you do counts for more than what you say when intent is concerned

a person can have only one domicile

keep the domicile until you acquire another

Front 23

domicile by opeation of law

Back 23

if a person has no legal capacity to acquire a domicile of choice that person will be assigned one.

Front 24

domicile by operation of law arises in two situations

Back 24

if the chil does not have legal capacity to get a domicile of choic the child will have the domicile of the child's parents.

if the parents are divorced, domcile is that of the parent who has hysical cutody.

2nd. a married woman today can obtain a domicile like anyone else.
traditionally, domicile of husband

Front 25

constitutional limitations of choice of law

Back 25

state chosen must have significant contact or interest with the parties or the subject matter of the litigation which give it a legal interest in seing its law applied.

NO WEIGHING NEEDED. So long as the state meets the test its law can be applied

Front 26

two situations which do not meet the constitutional limitations on choice of law

Back 26

if after the event in question someone oves to a new state and that move creates the only contact with that state, then it would be unconstitutional to aply that state's aw

if the only contact with the parties or the litigation is that the suit is brought in a state then it would be unconstitutional to apply that tate's law.

Front 27

vested rights approach to choice of law

Back 27

traditinal approach

the law to be applied is the law where the rights of the P vested

Front 28

law of torts under the vested rights approach

Back 28

instant a cause of action arises P's rights become vested so the vested rights rule would say to apply the law of the place where the injury occurred or the place of the wrong.

under negligence remember it would be the place of the injury

Front 29

contracts (vested rights aproach)

Back 29

rights under a contract vest at the moment the contract is made so the vested rights rule would say to apply the law of the place of making of the contract

Front 30

interest analysis approach

Back 30

list the factual contacts with each state
note the differnt laws in issue
find out the policy underlying each state's law by consulting legislative history and court decisions
find out which state's law would favor P and which the D

take the facts and elate them to the policies to see if the state has an interest in seeing its law applied
does the arty being favored b a state's law reside in that state, if so the state has a interest

apply the laws of the state with the greatest governmetnal interest in the outcome.

Front 31

the law of the stte of the greatest interest in the outcome test

Back 31

is it a false conflict in which onl one state has an interest in having its law applied.

In a true conflict, where two or more of the tates involved have an interest in the litigation and one of them is the forum state.
presume that you will apply the law of the forum state unless the interest of the other state is much geater.

in a disinterested forum case where two or more states have an interest in having their law aplied and the forum is not one of them.

in an unprovided for-case no state has an interst in appling its law then the court will usually apply NY law

Front 32

disinterested forum case

Back 32

NY can apply the law that is cloest to NY la.

Apply the better law.

Front 33

torts application
of interest analysis

Back 33

five ruls above plus

nuemier rule one:
when the P and D are domiciled in differnt states, then if the law of the place where the accident occurred helps its citizen, that state's law will be applied

nuemier rule 2: when P and D domiciled in different states then if the law of the place where the accident occurred helps its citizens that state's law will be applied.

Neumeir rule three
when the P and D are domiciled in different jurisdictions and the law of the place where the accident occurred does not help its citizen, then you still apply the law of the place of the injury unless the other jurisdiction has a greater interest in the outcome.

Front 34

for rules regarding conduct

Back 34

for all rules regulating conduct, apply the law of the place of the injury.

Front 35

contracts interest analysis

Back 35

parties can alwayschoose the law in the contract for matters of contract cnstruction. (ANY law)

parties can also choose the law to govern matters of contract validity provided:

1) the choice cannot be contary to a fundamental policy of a state with a greater interest than the chosen state.
2 there must be a substantial relationship to the parties of the transaction. AND
3) the choice must be free of duress that is not a contract of adhesion

Front 36

NY special statute on large contracts for governmental intereest analysis (validity)

Back 36

if a contract is for not less than 250,000 the parties can choose NY law even if the contract has no connection with NY at all.

If a contract is for not less than 1 million and the parties choose NY law in the contract then the prties may also put in a clause specifying NY may be the forum and courts are prohibited from dismisisng under FNC

Front 37

choice of law if the parties DON'T choose law in the contract

Back 37

Babcock 5 step interest test.

the chosen state is the stte with the most significant relationshp to the contract

Front 38

insurance contracts' choice of law clause

Back 38

all issued regarding the rights and duties under an insurance policy are determined by the stte where the polcy i written

Front 39

choice of law with regards to real property

Back 39

the law of the situs of the property governs.

Front 40

personal property choice of law

Back 40

for every situation but one use the same situs rule as for real property.

but if the issue is the passing of personal property by intestate succession the state chosen is the state of the deceased's domcile at death

Front 41

A non-NY domiciliary ____ cose NY law in a will to dispose of NY assets

Back 41

can

Front 42

if a marriage is valid ____

Back 42

where celebrated it is valid everywhere

unless the marriage would violate the strong public policy of a state then it may not be recognized even though it was valid where performed.

Front 43

marriages void where performed are

Back 43

void eveyrhting. But if a marriage is void because it failed to comply with some technical requirement of the state where performed can still be recognized in NY if it would have complied with the NY rule

Front 44

divorces are governed by the law of the P's

Back 44

domicile

Front 45

defenses to the choice of law

Back 45

that the law is procedural not substantive
that the law is against the public policy of the foru state
that the law is a penal law

Front 46

procedural law

Back 46

procedural
burden of proof (unless it is outcome determinative)
statute of limitation (exception: borrowing statute which will borrow and apply the shorter statute of the state where a cause of action arose unless the P is fro NY)
ability to bring counterclaims

Front 47

substantive law

Back 47

contributory or compartie negligence
statutes of fraud
parole evidence rule
contribution among tortfeasors
direct action statutes

Front 48

law is aainst the public policy

Back 48

this law must be really offensive for this to apply

Front 49

law is penal

Back 49

applies only to offenses against the public, a criminal judgment or civil fine

Front 50

use of stae law in federal country

Back 50

a federal court sitting in a diversity case must use the choice of law rules of the sate in which it sits

Front 51

courts will take judicial notice of sister-tate and federal law

Back 51

but the law of oreign country is a fact hich must be pleaded and proved.

If the foreign law cannot be determined then a NY court will apply NY law so long as there is no injustice.