Conflicts Of Laws - Must Remember

Front 1

Four Conflicts of Laws Testing Areas

Back 1

Jurisdiction

Recognition of Judgments

Domicile

Choice of Law

Front 2

Threshold test for recognition of sister state judgments

Back 2

Is it entitled to "full faith and credit"?

Front 3

Full Faith and Credit Requirements (3)

Back 3

JURISDICTION must have been proper in the rendering state court

Judgment must be on the MERITS

Judgment must be FINAL

Front 4

Are modifiable judgments final? Give example

Back 4

NO, e.g. divorce decree + modifiable alimony payments --> modifiable payment NOT final so can't get FFC.

BUT states will still probably recognize on principles of COMITY.

Front 5

Full Faith and Credit requirements are evaluated according to the ________ state

Back 5

RENDERING

Whether or not FFC is satisfied is based on RENDERING STATE LAW.

Front 6

GOOD defenses to Full Faith and Credit

Back 6

Judgment is PENAL (e.g. state is plaintiff)
[punitive damages are NOT penal]

Judgment was procured by EXTRINSIC fraud [not intrinsic]

Front 7

BAD defenses to Full Faith and Credit

Back 7

Judgment was TAX judgment.

Judgment is contrary to recognizing's states PUBLIC POLICY.

Mistakes of LAW or FACTS were made

Front 8

Recognition of Foreign Country Judgments

Back 8

Full Faith and Credit principles apply first.

Then, will be recognized based on COMITY if due process standards are satisified -both- in terms of whether

(1) jurisdiction was PROPER

(2) whether FAIR procedures were used during earlier litigation [Int'l Shoe analysis]

Front 9

Family Law Judgments Analysis

Back 9

Same as FFC. Jurisdiction is key:

(1) At least one spouse must be DOMICILED in the RENDERING state to have proper jurisdiction.

(2) See if person attacking jdx is ESTOPPED from doing so

Front 10

Estoppel Checklist for Divorce Decrees

Back 10

(1) Persons subject to personal jdx in earlier proceedings

(2) Persons who played a meaningful role int he earlier proceeding (paid its expenses)

(3) Persons who are in privity with parties to the earlier proceeding (children)

(4) Persons who marry or remarry in reliance on the earlier proceeding

Front 11

Ancillary Awards: Property and Custody Awards in Divorce

Back 11

Determine if Jurisdiction was proper.

Property: Jurisdiction is proper if there was personal jdx over the spouse whose property rights were at issue

Custody awards: Jdx is proper if rendering court was one of the child's home state.

Front 12

Divisible Divorce Doctrine

Back 12

If divorce decree jdx requirement is satifised, and anicllary award jdx requirements are not, law regards the judgment as severable.

Front 13

Domicile Test:

Back 13

(1) Physical Presence (can be very short)

(2) Intent to be domiciled in that place

Front 14

Domicile by operation of law

Back 14

Domicile assigned to one who lacks "domicile capacity"

(1) Infants = parents

(2) Mental incompetents = parents

Front 15

Choice of Law Analysis: Question + Answer

Back 15

Question: What state's law governs?

Answer: The law selected by the FORUM court using its choice of law approach (subject to constitutional and statutory limitations)

Front 16

Three choice of law approaches

Back 16

(1) Vested Rights Approach

(2) Most Significant Relationship approach

(3) Governmental Interest approach

Front 17

Vested Rights Approach Analysis Checklist

Back 17

(1) Substantive area of law

(2) Vesting rule

(3) Which state "wins" --> where rights vest

(4) State the result.

Front 18

Most Significant Relationship Approach Analysis Checklist

Back 18

(1) Court will apply law of state which is MOST SIGNIFICANTLY RELATED to outcome of litigation.

(2) To determine this, they will look at (a) CONNECTING FACTS [ according to substantive area of law], and (b) POLICY PRINCIPLES

[discuss above two]

(3) State what state WINS and RESULT

Front 19

Governmental Interest Approach Analysis Checklist

Back 19

(1) Court will apply ITS OWN LAW as long as it has LEGITIMATE interest in outcome of litigation. If no interest, then this is FALSE CONFLICT and will apply law of another state

(2) Does FORUM have LEGITIMATE INTEREST? (if not, discuss other states)

(3) What state WINS and RESULT

Front 20

Better Rule Approach Analysis

Back 20

Use common sense and discuss the facts and various state interests.

Front 21

"Facts Ledger" approach for choice of law needs:

Back 21

(1) Facts
(2) Differing Laws
(3) Differing Results
(4) Forum state

Front 22

Rule for federal courts and diversity cases

Back 22

If the forum is a federal district court sitting in diversity jurisdiction, the court will apply the conflicts rules of the state in which it is sitting.

EXCEPTION: If it has been transferred from another district, will apply rules of transferror state

Front 23

Substantive Law / Vesting Rights Approach Rule for TORTS

Back 23

(1) Place of Injury

Front 24

Most Significant Relationship (Connecting Facts / Most Significant Facts) for TORTS

Back 24

(1) Place of injury <-- most important.
(2) Place of conduct causing injury
(3) Place of the domicile state
(4) Place where relationship of parties is centered

Front 25

Workers Compensation Issues

Back 25

(1) No choice of law problems. admin will always apply its own statute

Favorite Bar Exam Qs:

(1) Can worker recover under more than one worker's comp act? YES, but prior recoveries credited against subsequent ones

(2) Can worker recover under worker's comp act AND in common law tort? YES, if defendant has NOT been given IMMUNITY (employees have it).

Front 26

Contracts Issues - Threshold Inquiry

Back 26

Determine if there is valid EXPRESS choice of law provision. if so, it governs. Must be VALID.

Front 27

Reasons to invalidate express contracts choice of law provision

Back 27

(1) Law selected is that of state having no reasonable relationship

(2) No true mutual assent.

If in doubt, find the provision invalid.

Front 28

Contracts Choice of Law Vested Rights Rules

Back 28

(1) Contract FORMATION issues = Place of EXECUTION

(2) Contract PERFORMANCE issues = Place of PERFORMANCE (primary)

Front 29

Contracts Choice of Law Most Sig. Relationship Facts

Back 29

(1) Place of negotiation

(2) Place of execution

(3) Place(s) of performance

(4) Place of "domicile"

(5) Place where subject matter, if any, is located.

If negoation + performance places are same, probably most significantly related then.

Front 30

Property Choice of Law for both Vested Rights and Most Sign. Relaitonship

Back 30

(1) Real Property = SITUS (inter vivos and inheritance matters)

(2) Personal property =
Intervivos = SITUS at time of RELEVANT transaction for inter vivos.

Inheritance = DOMICILE of decedent at date of DEATH.

Intangible (stock, instrument) = situs = where the document is.

Front 31

Marriage Choice of Law Issues

Back 31

If marriage is valid where it is PERFORMED, it will be recognized as valid everywhere.

EXCEPTION: Where domicilliaries of one state temporarily leave state and go elsewhere to avoid prohibtory rule (e.g. strong public policy), that state will not recognize it (other states will, though).

Premartial contracts = same as regular contracts rules.

Front 32

Legitimacy Choice of Law Issue

Back 32

Validity of subsequent acts of legitimization are governed by law of FATHER's DOMICILE.

Modern trend = valid if sufficient by either father's or CHILD's domicile.

Front 33

Defenses to Choice of Law

Back 33

Law is against forum's public policy is almost NEVER a defense.

Front 34

Substance / Procedure Dichotomy Concept

Back 34

Forum will use its choice of law approaches to determine which substantive law to apply.

BUT if matter is procedural, it will apply its OWN LAW.

Front 35

Statutes of Limitations Fact pattern - substance / procedure dichotomy RULE

Back 35

RULE: SOL are treated as procedural. Thus, forum will apply its own statute.

MODERN TREND: SOL's are treated as substantive matters subject to basic choice of law analysis [ e.g. SOL of the most singificantly related state]

DISCUSS BOTH ON ESSAY (unless otherwise stated)

Front 36

Statutes of Limitations Fact pattern - substance / procedure dichotomy RULE Exceptions (3)

Back 36

EXCEPTIONS:

(1) SOL set by contract
(2) Borrowing Statute [shorter time limit is applied]
(3) Statute conditions a substantive right -
[if you apply another state's statute which creates a substantive right, you should apply the ENTIRE state statute including its procedural rules]

Front 37

Vested Rights Memorizer - ******

Back 37

Performance --> K performance issues
Injury --> Torts
Situs --> Real Prop
Situs --> Personal prop (time of tsx)
E --> Execution for K Formation issues
D --> Decedent's domicile at date of death [PERSONAL prop inheritance issues]