Conflicts Of Law

Front 1

What are the two testing areas under Conflicts of Law?

Back 1

1) Recognition of Judgments
2) Choice of law

Front 2

How should you refer to the two different states involved?

Back 2

1) Rendering State = the state handing down the judgment
2) Recognizing State = state called upon to enforce it.

Front 3

What is the Threshold question for a recognition of judgment question?

Back 3

Is it a SISTER state OR a FOREIGN state

Front 4

What is the threshold question in a SISTER state inquiry?

Back 4

Is it entitled to full faith and credit

Front 5

What is the two step analysis for full faith and credit?

Back 5

1) Are all 3 full faith and credit requirements met?
2) Are there any defenses to full faith and credit?

Front 6

What are the 3 Full Faith and Credit requirements?

Back 6

1) Rendering court must have had proper jurisdiction
2) Judgment must have been on the merits
3) Judgment must have been final

Front 7

When can questions of jurisdiction be challenged?

Back 7

Only once; either in the rendering court or in the recognizing court, but not both.

Front 8

Is a Default Judgment on the merits?

Back 8

Yes

Front 9

What does it mean to be Final?

Back 9

There are no further actions required (e.g., modifiable future alimony payments are NOT final)

Front 10

Which state's law is used to evaluate the full faith and credit requirements?

Back 10

The Rendering State's law

Front 11

What are the GOOD defenses to Full Faith and Credit?

Back 11

1) The judgment was PENAL
2) The judgment was procured by EXTRINSIC fraud (which means the fraud could not have been dealt with during the earlier trial within the regular workings of the judicial system. E.g., judicial bribery)

Front 12

What are BAD defenses to Full Faith and Credit?

Back 12

1) Judgment is contrary to recognizing state's public policy.
2) Mistakes of law or fact were made (should have been appealed in the original case)
3) Intrinsic fraud.

Front 13

When will foreign judgments be recognized ("comity")?

Back 13

This is based on discretion by looking at "fairness":
1) Whether jxs was proper; AND
2) Whether fair procedures were used.

Front 14

What is the test for determining whether divorce decrees will be recognized?

Back 14

1) Determine if jxs was proper (At least one spouse must be domiciled in the rendering state (SMJ)) AND
2) Determine if the person attacking the jxs is estopped from doing so (persons w/ PJ in first proceeding, persons who played a meaningful role, persons in privity with parties, persons who marry or remarry in reliance)

Front 15

What is the test for determining proper jxs for domestic property matters?

Back 15

Jxs was proper if there was PJ over the spouse whose property rights were at issue.

Front 16

What is the test for Custody awards?

Back 16

Jxs is proper if rendering court is that of the child's "home state"

Front 17

What is the Divisible Divorce Doctrine?

Back 17

If the divorce jxs req is satisfied but the ancillary award reqs are not, the judgments are severable.

Front 18

What is the rule regarding federal and state recognitions of judgments?

Back 18

By statute federal and state courts MUST recognize one another's judgments.

Front 19

How is domiciled of choice determined?

Back 19

(Only applies to those with capacity)
1) Physical presence
2) Intent to be domiciled there

Front 20

How is Domicile by Operation of Law applied?

Back 20

(Applies only to those w/out capacity)
1) Infants: domicile of parents (the one with custody)
2) Mental incompetence: domicile of parents OR if became incompetent AFTER establishing domicile of choice that remains.

Front 21

How are choice of law questions answered?

Back 21

It will be the law selected by the forum court using its choice of law approach.

Front 22

What are the 3 choice of law approaches?

Back 22

1) Vested Rights
2) Most significant relationship (Utah - 2nd restatement)
3) Government interests

Front 23

What is the distinction for a federal court sitting in a diversity jxs case?

Back 23

The federal court will apply the conflicts rules of the state in which it is located. NOTE: if the case was transferred, the forum will apply the rules of the transferor jxs.

Front 24

What are the important things to remember about the Vested rights approach?

Back 24

The choice of law requirements depend on the substantive area of law at issue (Torts = place of injury) (Contracts = place of formation OR place of performance, depending on what's at issue)

Front 25

What are the important things to remember about the Most Significant Relationship approach?

Back 25

Also depends on the substantive area of the law, BUT the main question is which state has the most significant relationship to the issues as determined by a review of:
1) the connecting facts AND
2) the policy principles.

Front 26

What is important to remember about the Government rights approach?

Back 26

If forum state has a legitimate interest in the outcome of the claim, it will apply its own rules. If not there is a false conflict and the other state's rules will apply.

Front 27

What is the Substance/Procedure Dichotomy?

Back 27

The forum will use its choice of law approaches to determine which substantive law to apply. However, if the matter is PROCEDURAL it will apply its own law.

Front 28

Are statute of limitations procedural or substantive?

Back 28

Procedural, UNLESS:
1) Borrowing Statute exists: the forum is directed to apply the shorter time limit
2) A statute conditions a substantive right: if you apply another state's statute which creates a substantive right, you should apply the entire statute, including otherwise procedural type provisions.

Front 29

What is the Modern Trend for SoL issues?

Back 29

SoLs are treated as substantive matters subject to choice of law analysis.