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18 Cards in this Set

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What is the two-step test to determine if a sister state judgment is entitled to "Full Faith and Credit"?
Detemine if the 3 FFC requirements are satisfied AND determine if there are any good defenses to FFC.
3 Req's: 1. Jurisdiction was proper in rendering state
2. Judgment on the merits
3. Judgment was final
Defenses: Judgment is penal or procured by "extrinsic fraud"
How are foreign country judgments treated?
Basically recognized (comity) on the same basis as sister state judgments. Recognizing courts specifically will focus to see if due process are satisfied in: proper jurisdiction and fair procedures
In recognizing divorce decrees, what is the two step analysis?
1 - Determine if SMJ was proper (at least one spouse domiciled in rendering state)
2 - Determine if the person attacking the judgment is "estopped" from doing so
2a - Estopped if the person:
(i) is subject to personal jurisidition in the earlier proceeding; (ii) played a meaningful role in the earlier proceeding (paid for it), (iii) in privity with parties to earlier proceeding (the children), or (iv) persons who marry or re-marry in reliance on earlier proceeding
What is the test for recognizing divorce decree property awards?
Determine if jurisdiction was proper: Jurisdiction proper if there was personal jurisdiction over the spouse whose property rights were at issue.
What is the test for recognizing divorce decree custody awards?
Determine if jurisidiction was proper: it's proper if the rendering court is that of the child's home state
Define Domicile-of-Choice
Domicile acquired by one who has "domicile capacity" (the ability to fend for oneself).
Two-part test: Physical presence in the place AND intent to be domiciled in that place. MUST BE PERFECTED
Define Domicile-by-operation-of-law
Domicile assigned to one who lacks "domicile capacity"
INFANTS - Domicile of parents/custody holder
MENTAL INCOMPETENTS - Domicile of parents or if rendered incompetent after acquiring domicile of choice, it's that domicile
Give the "Vested Rights" Approach to choice of law conflicts (give model answer)
Characterize the substantive area of law involved, state the appropriate vesting rule, tell which state wins and the result
Give the "Vested Rights" memorizer about factors for the vesting rule
PISSED
Performance (K performance problem)
Injury (Torts)
Situs (Real Property)
Situs @ time of relevant transaction(Per. Prop. inter vivos)
Execution (K - formation problem)
Domicile Decedent @Date of Death (Pers. Prop - inheritance)
Give the "Most Significant Relationship" Approach to choice of law conflicts (give model answer)
Memorize: "Under this approach the court will apply the law of that state which is most significantly related to the outcome of the litigation. To determine this, they will look at (i) the connecting facts and (ii) certain policy principles." Then give both (i) and (ii), the winning state and the result.
Give the "Governmental Interest" Approach to choice of law conflicts (give model answer)
Memorize: "Under this approach, the Court will apply its own law as long as it has a legitimate interest in the outcome of the litigation. If it has no legitimate interest, this is a 'false conflict' case and it will apply the law of another state." Discuss legitimate interest, which state wins, and result.
Give the "Better Rule" approach
Basically, Court looks at variety of factors to determine what is the "better rule" - use common sense - and then apply it
What conflicts approach will a Federal Court use when sitting in diversity jurisdiction?
The Court will apply the conflicts rules/approach of the state in which it is sitting UNLESS it is transferred from another district, then it will apply the conflicts rules from the transferor state.
Can a plaintiff recover under more than one workers' comp. act?
Yes, but prior recoveries will be credited against subsequent ones.
Can plaintiffs recover under both workers' comp. acts and in common law torts?
Yes, unless the defendant has been given immunity under the act (employer) (no immunity: manufacturers under strict liability)
Where is a marriage valid?
If a marriage is valid where it is performed, it will be recognized as valid everywhere...EXCEPT if you temporarily leave your domiciled state to marry in another state to avoid a prohibitory rule of your state of domicile. Your state of domicile rightfully WILL NOT recognize the marriage.
What is the substance/procedure dichotomy?
A 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
Is "statute of limitations" substantive or procedural?
It depends, in general, statutes of limitations are treated as procedural, thus a forum will apply its own statute. However, there are three exceptions to this rule: (1) Time limits set by contracts govern, (2) Borrowing statutes - forum directed to apply the "shorter" time limit, (3) Statute conditions substantive right - if a Court adopts another state's statute giving a substantive right, they must adopt ALL the statute's provisions, including procedural.
ASTRO-POINTS: A recent modern trend is that SoL's are treated as "substantive" matters subject to a basic choice of law analysis (the approaches).