• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/17

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

17 Cards in this Set

  • Front
  • Back
What are the requirements of the full faith and credit clause?
1) Valid j/d in the rendering court (SMJ and PJ)
2) Judgment was final
3) Judgment was on the merits
What are the two defenses to the full faith and credit clause?
1) judgment is penal

2) extrinsic fraud (i.e. could not have been dealt w at trial)
When will a court recognize the judgment of a court in a foreign country?
Recognized if a two-part comity test is met:
1. Proper jurisdiction, and
2. Fair procedures must have been used in the foreign country proceeding
What is required in order for a court to have SMJ over a divorce?
Requires that one of the spouses be domiciled in the state rendering the divorce
In what four situations will a person be estopped from attacking a divorce?
1. Attacker was subject to PJ in the earlier proceeding →
2. Attacker played a meaningful role in granting the divorce
3. Persons in privity w a party to the divorce
4. Spouse who has remarried in reliance on the earlier divorce
What is required in order for a court to have proper j/d over alimony/child support?
A court granting alimony or child support must have PJ over the spouse whose property rights are at issue
Where is there valid j/d for determining child custody?
Valid j/d for determining child custody lies only in the child’s home state
What law determines intestate succession of personal property?
Domicile of decedent
What state receives payment of estate taxes at death?
Domicile state at death
What is the DPC and Full Faith and Credit test for determining the constitutional limitations of choice of law?
1. The state chosen must have significant contact or contacts w the parties or the subject matter of the litigation which give it a legitimate interest in seeing its law applied
What are the 5 steps in determining the applicable choice of law under the Interest Analysis approach?
1. List the factual contacts w each state
2. Note the different state laws in issue
3. Find out the policies underlying each state’s law by consulting legislative history and court decisions
4. Take the facts and relate them to the policies to see if the state has an interest in seeing its law applied
5. Apply the law of the state w the greatest governmental interest in the outcome
When can parties to the contract choose the law governing contract validity?
b. Parties can also choose the law to govern matters of contract validity provided that:
1) The choice can’t be contrary to a fundamental policy of a state w a greater interest than the chosen state
2) There must be a substantial relationship to the parties or the transaction
3) The choice must be free of duress
When can parties to the contract choose the law governing contract construction?
Parties can always choose the law in the contract for matters of contract construction
In NY, when can parties to a contract choose NY law even if the contract has on connection w NY?
If a contract is for not less than $250,000
In NY, when can parties to a contract put in a clause specifying that NY may be the forum? What is the effect of this?
If the contract is for not less than $1 mill.

Effect: courts are prohibited from dismissing under forum non conveniens
What are the defenses to the choice of law rules?
1) Law is procedural
2) Law is against public policy of the forum state
3) Law is a criminal law
What types of rules are "procedural" for the purposes of establishing a defense to a choice of law rule?
1) Burden of proof
2) Statutes of limitations
3) Ability to bring counterclaims