Conflicts Of Law Mee 2014

Front 1

What are the full faith and credit requirements?

Back 1

(1) jurisdiction must have been proper in the rendering state court (according to rendering state law);
(2) judgement on the merits; and
(3) judgment is final.

Front 2

Good defenses to full faith and credit

Back 2

(1) the judgment is penal (punishing an offense against the public); and
(2) the judgment was procured by "extrinsic" fraud (could not have been dealt with at trial level)

Front 3

Test for recognition of foreign judgments

Back 3

(1) jurisdiction was proper; and
(2) fair procedures were used.

Discretionary, voluntary

Front 4

How much of a divorce decree will be given full faith and credit?

Back 4

Divorce decrees from other states are entitled to FFC as long as original state had JX to issue the decree and the decree is valid in original state.

Bilateral divorce: PJ over both spouses & at least 1 spouse domiciled there, then divorce judgment is valid and etitled to FFC full faith and credit to anything that satisfies FFC reqs.

Ex Parte divorce: Court must adhere to SMJ and & PJ over only one spouse. FFC not given to marital agreement just divorce decree but nondomiciled spouse may agree to such judgments

Child Custody: under UCCJEA a court can make an initial custody decision if it is in the child's home state and all other states must give FFC

Property rights & Alimony:

Bilateral: FFC generally given

Ex Parte: Parties must settle in a court with PJ over both parties

Front 5

Test for Domicile by Choice

Back 5

(1) physical presence; and
(2) intent to remain there indefinitely (motive doesn't matter, just genuine intent)

(Domicile by operation of law = Children are domiciled where custodial parents are domiciled, Incompetents retain prior domicile by choice OR parent's domicile)

Front 6

What law does the forum state use to determine which state law governs?

Back 6

The choice of law approach of the forum state.

Front 7

Constitutional limitation on choice of law

Back 7

DP requires that the forum state have SIGNIFICANT CONTACTS giving a LEGITIMATE INTEREST in litigation & seeing its law applied.

Front 8

In a federal court sitting in diversity which conflict rules will they apply?

Back 8

(Erie Doctrine)

FQ = Fed'l law substantive & Procedural

DJ = Fed'l law for procedural unless it would be outcome determinative, then substantive law & State Law for Substantive

Front 9

What is the vested rights approach?

Back 9

The law that controls is the JX where the parties' rights were vested i.e. where the act or relationship that gave rise to the coa occurred or was created.

Front 10

What is the most significant relationship approach?

Back 10

Apply the law of the state which has the most significant relationship to the issue in question.

Very fact intensive approach

Look at (1) the exact legal issue that results in conflict between states and (2) identify the policy objectives each state's law seeks to achieve with respect to the issue (3) determine each state's interest in view of its policy objectives (4) concluding which state has superior connection.

Front 11

What is the interest analysis approach?

Back 11

Assume the forum will apply its own law, as long as it has a legitimate interest in the litigation.

False Conflict: If it has no legitimate interest, this is a false conflict case and it will apply the law of another state.

True Conflict: If it and another state have an interest, this is a true conflict, apply state with greater interest (in practice, forum state is always chosen, do the same for exam).

Disinterested Forum: FS has no legit interest but 2 or more states do FS may either (1) apply law it thinks is better of (2) apply law that is closest to FS law

Front 12

Choice of Law for TORTS

Back 12

Rules Regulating Conduct: If rule regulating conduct, apply law of the place of the CONDUCT.

Loss Distribution Rules: If rule regulating loss distribution, apply according to appropriate method;

Vested Rights: Apply law where injury occurred.

Significant Relationship: Deafult rule: place of injury controls unless another state has more significant relationship to the parties or tort.

Consider (1) place of injury, (2) place of conduct causing injury, (4) residence, (4) place where relationship between parties, if any, is centered.

Front 13

Choice of Law for CONTRACTS

Back 13

Apply law parties chose in K unless invalid (1) contrary to pub policy (2) no reasonable basis for parties choice or (3) true consent not given bc of fraud or mistake

Vested Rights: applicable law depends either where K executed or performed.

(1) Execution - validity, formation, interpretation

(2) Performance - Performance issues

Most Significant Relationship Approach: Place of negotiation, execution, performance, home state, subject matter.

Front 14

Choice of Law for REAL PROPERTY

PERSONAL PROPERTY

Back 14

The law of the SITUS of the property governs (where the property is located).

Law of SITUS at time of transaction, unless inheritance matters, then choose decedent's domicile at time of death.

Front 15

Bad Defenses to FFC

Back 15

(1) Tax Judgment

(2) Action based on COA that violates Public Policy of recognizing state

(3) Mistakes of Law or Fact that should've been handled at with rendering court system

(4) Inconsistent judgments - later judgment enforceable even if inconsistent with earlier judgment

Front 16

Depecage

Back 16

Approach that allows the law of one state to govern one or more issues while other issues are controlled byt the law of one or more states.

Front 17

Renvoi

Back 17

Req's FS applying another state's law to apply that forgeign state's COL rules - Generally rejected today

Front 18

Choice of Law for Divorce

Back 18

Controlled by the Plaintiff's domicile

Front 19

Legitimacy/Adoption

Back 19

Legitmacy = law of domicile of parent whose relationship to child is in question

Adoption = FS law

Front 20

Worker's Compensation

Back 20

Generally - any state with a legitimate intesrs in an injury & consquences can apply own worker's comp act

Recovery in more than one state = barred ONLY IF there is "unmistakable language by state legislature or judiciary" barring such recovery. Double Recovery not permitted

Front 21

What is Subtantive/Procedural Law?

Back 21

Substantive = Elements of claim/defense; SOL, tolling provisions, burden of proof

Procedural = judge/jury allocation, assessment of attys fees, equitable/legal determination