Ny Conflict Of Laws

Front 1

Enforcement of sister state judgment (req'ts)

Back 1

#1 Valid jur’n in the RENDERING Ct over both the parties and the SM
#2 Judgment was a FINAL judgment
--- If a judgment is MODIFIABLE (future alimony & kid support), it is not a final judgment and gets no FF&C, BUT it will usually still be enforceable under principles of COMITY
#3 Judgment must have been rendered on the MERITS, including
--- DEFAULT judgments
--- CONSENTS judgments

Front 2

Enforcement of sister state judgment (true defenses)

Back 2

#1 Judgment is PENAL (rendered for an offense against the PUBLIC)
--- Punitive damages in a civil action by a private person do not constitute penal judgment
#2 EXTRINSIC fraud (BRIBING of a JUDGE)

Front 3

Enforcement of sister state judgment (fake defenses)

Back 3

#1 Judgment is a TAX judgment
#2 Judgment is based on a (rendering state’s) CoA that violates (the recognizing) forum’s PUBLIC POLICY
#3 Mistake by the JUDGE in the earlier trial
#4 Inconsistent judgments (® of thumb: Enforce the last judgment in time)

Front 4

Enforcement of foreign country judgment (req'ts)

Back 4

2-part COMITY test (fairness/DP is the key):
#1 JUR’N must have been proper, AND
#2 FAIR PROCEDURE must have been used in the foreign country proceeding

Front 5

Divorce jur'n

Back 5

Must be a valid domicile of at least 1 of the parties to give the necessary SM jur'n

Front 6

Divorce types

Back 6

#1 Ex-parte divorce, where 1 of the spouses is validly domiciled where the divorce is granted
#2 Bi-lateral divorce, where 1 of the spouses is validly domiciled where the divorce is granted, and BOTH spouses are subject to personal jur’n there
#3 Consent divorce, where both want out of the marriage and go together somewhere to get it (i.e., the “quickie” divorce)

Front 7

Property awards (alimony/kid support) jur'n

Back 7

A Ct granting alimony or kid support must have PERSONAL JUR’N over the spouse whose property rights in issue

Front 8

Kid custody decree jur'n

Back 8

Lies only in the kid’s HOME STATE

Front 9

Domicile of choice

Back 9

#1 Legal capacity (ability to fend for yourself)
#2 Physical presence
#3 Intent to remain for the foreseeable future

Front 10

Domicile by operation of law

Back 10

#1 Domicile of kid
--- If no legal capacity to get a domicile of choice, the kid will have the domicile of the kid’s PARENTS
--- If parents are divorced, domicile is that of the parent who has PHYSICAL CUSTODY
#2 Domicile of a married woman living apart from her husband in a different state
-- Old rule: Married woman had the domicile of her HUSBAND
-- Today: Married woman can obtain a domicile of choice, just like anyone else

Front 11

Choice of law (const'l limitations)

Back 11

The state chosen must have a significant CONTACT or CONTACTS w/ the parties or the SM of the litigation which gives a LEGITIMATE INTEREST in seeing its law applied

Front 12

Vested rights approach to choice of law

Back 12

The law where the rights of the P VESTED

Front 13

5-step Babcock approach

Back 13

#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 legislation history and Ct decisions
#4 Take the facts and relate them to the INTERESTS to see if the state has an interest in seeing its law applied
#5 Apply the law of the state w/ the greatest gov’tal INTERESTS in the outcome

Front 14

Conflicts of law categories

Back 14

#1 FALSE conflict (only one state has an interest in having its law applied): Apply the law of the only jur’n w/ an interest in the outcome of the litigation
#2 TRUE conflict (where ≥2 of the states involved have an interest in the litigation, and one of them is the forum state): Apply the law of the FORUM state, unless the interest of the other state is much greater
#3 DISINTERESTED case (≥2 states have an interest in having their law applied and the forum is not one of them):
--- Apply the law that is closest to NY law, OR
--- Apply the BETTER law
#4 UNPROVIDED-for case (NO state has an interest in applying its own law): Most often will just apply NY law