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40 Cards in this Set

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What are the requirements for full faith and credit over sister states' judgments?
(1) Valid jurisdiction in rendering court
(2) Judgment was final
(3) Judgment was on the merits
What are the GOOD defenses against full faith and credit of sister states' judgments
(1) penal
(2) extrinsic fraud - could not have been dealt with during trial
What are the "non-defenses" against full faith and credit of sister states' judgments
(1) tax judgment
(2) cause of action violates NY public policy
(3) mistake by judge in earlier trial
(4) inconsistent judgment - enforce most recent judgment
What are the requirements for comity (recognition) of foreign judgments?
(1) proper jurisdiction - "fundamental fairness" test
(2) fair procedures
What types of out-of-state divorces are recognized?
(1) ex parte - where one spouse is validly domiciled where the divorce was granted
(2) bilateral - where one spouse is validly domiciled where granted AND both spouses are subject to personal jurisdiction
(3) international divorces if NOT ex parte

NOT foreign ex parte divorces
Who is estopped from attacking a divorce?
(1) attacker who was subject to personal jurisdiction where the divorce was granted (bilateral divorce = no attack)
(2) attacker who played a meaningful role in granting of the divorce
(3) attacker who is in privity with a party of the divorce (e.g. children)
(4) attacker who remarried in reliance on the earlier divorce
What is the test for domicile?
(1) physical presence
(2) INTENT to remain for the foreseeable future
Where is a child's domicile?
Domicile of parents - if they're divorced, the state where the parent with physical custody is domiciled
What are the USC limitations on choice of law - satisfies BOTH due process and full faith & credit?
state has SIGNIFICANT CONTACTS with the parties giving a LEGITIMATE INTEREST in seeing its law applied
What is the current approach to choice of law?
"interest analysis approach"
What is the "interest analysis" approach to the choice of law test?
Babcock approach
What is the Babcock approach?
(1) Note factual contacts with each state
(2) Note different state laws in issue
(3) Find out the policies underlying each state's laws
(4) Take facts and relate them to policies to see if the state has an interest - IF the party favored by the state's law resides in the state, then YES interest
(5) Apply the law of the state with the greatest governmental interest in the outcome
What are the rules of applying Babcock?
(1) If only one state has an interest - apply that state's law (false conflict)
(3) If the forum and another state has an interest - apply the forum state's law unless really outweighed (true conflict)
(3) Two states outside of the forum have interest - apply forum state or better law (disinterested forum)
(4) No state has an interest - apply forum state's law (un-provided-for case)
Under Babcock, what rule do you apply when only one state has an interest?
That state's law (false conflict)
Under Babcock, what rule do you apply when the forum state and another both have interests?
The forum state's law, unless outweighed greatly by the other state's interest
Under Babcock, what law do you apply when two states outside the forum have interests?
The forum state's law OR the better law
Under Babcock, what law do you apply when no state has an interest?
Usually the forum state
In tort cases, which law do you apply?
(1) Rules regulating conduct - law of state where injury occurred
(2) Loss distribution rules - apply Neumeier
In tort cases involving rules regulating conduct, which state law applies?
The law of the state where the injury occurred
In tort cases, what loss distribution rules apply?
Apply Neumeier
Under Neumeier (applies to loss distribution rules), what rule applies when P and D are domiciled in the same state?
That state's law applies = "same domicile rule"
Under Neumeier (applies to loss distribution rules), what rule applies when P and D are from different states and the law of the place where the accident occurred helps its citizen?
The law of the state where the accident occurred
Under Neumeier (applies to loss distribution rules), what law applies when P and D are from different states and the law where the accident occured does NOT help its citizen?
Still apply the law of the state where the accident occurred, UNLESS the other state has a really big interest
Basically, what does Neumeier say about choice of law in loss distribution?
Unless P and D both live in the same state, apply the law where the accident occurred
K parties can ALWAYS choose the law in the K for matters of what?
Construction - and ANY law can be chosen
When can K parties choose the law governing validity of K?
(1) choice is not contrary to fundamental policy of a state with a greater interest,
(2) there is a substantial relationship between the state and the parties or transaction, AND
(3) choice is free from duress - not an adhesion K
If not specified in the K, which law applies?
State with most significant relationship with the K
Which law are insurance K governed by?
The state where the policy is written
In real property, what is choice of law?
Law of situs of the property
In personal property, what is the choice of law?
Law of situs of the property, EXCEPT if the property is passing intestate - then law of the domicile of decedent
Which law applies in governing wills?
Non-NY domiciliary may choose NY law in a will to apply to disposition of NY assets
What is the choice of law regarding VALIDITY of marriage?
If it's valid where performed, then valid in NY - maybe public policy exception (but same sex ok)
If a marriage is VOID where performed, is it void in NY?
Maybe not - if it's void because of a technicality, it will be recognized in NY if it would have complied with NY law
What are the defenses to choice of law?
(1) Procedural
(2) Against public policy
(3) Penal
What are the big 3 procedural rules (no out-of-state law)?
(1) Burden of proof - BUT if outcome determinative, then substantive
(2) Statute of limitations - EXCEPT borrowing statute
(3) Ability to bring counterclaims
What are the 5 substantive rules to remember - DO use other state's law?
(1) Contributory or comparative negligence
(2) SOF
(3) Parol evidence rule
(4) Contribution among tortfeasors
(5) Direct action statutes (let P sue insurance co. directly)
What law is applied in diversity action?
State in which the fed court sits, UNLESS there was a transfer of venue, in which case the original state
Does a party need to prove other states' laws?
No - judicial notice
Does a party need to prove foreign law?
YES - is a "fact"
What happens if foreign law cannot be proved?
Court will apply NY law as long as there is no injustice