Conflicts Of Law Mee

Front 1

What are the full faith and credit requirements?

Back 1

(1) jurisdiction must have been proper in the rendering state court (decided by the rendering state);
(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 (state brings suit); 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.

Front 4

Test for domicile

Back 4

(1) physical presence; and
(2) intent to remain.

Front 5

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

Back 5

The choice of law approach of the forum state.

Front 6

Constitutional limitation on choice of law

Back 6

The law applied is that of a state that does not have any significant contact with or legitimate interest in the litigation.

Front 7

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

Back 7

(Erie substantive law) The conflict rules of the state that it is located unless it is a transferee from another district court.

Front 8

What is the vested rights approach.

Back 8

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

Front 9

What is the most significant relationship approach?

Back 9

(1) the connecting facts (i.e., substantive area of the law) and (2) certain policy principle.

Under this approach the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this they will look at (1) the connecting fats and (2) certain policy principle.

Front 10

What is the interest analysis approach?

Back 10

Legitimate interest otherwise false conflict.

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

Front 11

Most significant relationship approach/most significant facts for torts and contracts

Back 11

(1) place of injury/place of execution;
(2) place of conduct/place of performance;
(3) place of the home state;
(4) place where the relationship centers/place of subject matter

Front 12

Borrowing statutes

Back 12

The forum is directed to apply the shorter time limit. In this case, the statute of limitations will be substantive not procedural.

Front 13

statute conditions substantive right

Back 13

If in applying another state's statute it creates a substantive right then you apply the entire statute including any procedures. (e.g., wrongful death act)