Pa Conflicts Of Law

Front 1

Choice of Law Question Categories

Back 1

1. Personal Jurisdiction
2. Choice of Law Questions
3. Recognition of Judgment Questions
4. Vertical Conflicts - Federal and State Governments
5. Horizontal Conflicts - State to State Governments

Front 2

Personal Jurisdiction

Back 2

1. Specific Jx: Minimum Contacts and Suit Arises out of or related to D's contact with forum state.
2. General Jx: Minimum Contacts, amounting to continuous and systematic activity with forum state. Suit does not have to be related to D's contacts with forum state.
3. Personal Jx in Fed Courts: Same as state courts, depends on where the fed court resides. (Ex: EDPa analyzed by reference to the D's contact with the PA).

Front 3

Choice of Law

Back 3

Calls for choosing among competing legal principles by analyzing the law and policies behind, of competing jurisdictions.

Front 4

Choice of Law - Restatement 1st of Conflicts of Law Vested Interest Approach

Back 4

1. Restatement 1st - the analysis pinpoints Jx where party's rights vest. In other words, what is the most important contact with the forum?
a. Characterize the area of substantive law (i.e. contract, tort, property, etc.)
b. Determine the applicable rule that governs (i.e. torts - where accident occured, or injury suffered, contract, jx where contract was made, property - situs of property.
c. Localize the rule that applies to the forum.

Front 5

Choice of Law - Gov't Interests Analysis

Back 5

Generally, forum states apply their own rules unless parties request expressly that another forums laws be used.

Front 6

Choice of Law - Gov't Interests Analysis

Back 6

Following the request -
1. Identify the policies that in laws through ordinary construction/interpretation.
2. Identify the contacts that parties have had with forum, and whether the policies are applicable given the circumstances.
* Key is trying to determine the Governmental interest of each forum.
- If false conflict, where one state has no interest, than apply the law of the forum that is interested.
- If True/Apparent Conflict, ask if more moderate and restrained interpretation of the interest will avoid conflict. IF NOT apply the law of the forum state.
- If there are multiple states competing, if 2+ states have interest (Forum Non Conveniens - dismiss action) or make up judgment on which law is better, or apply the law that closely resembles own. * Basically court has freedom.
- If there are no states that have an interest, apply the forum state law.

Front 7

Choice of Law - Restatement 2nd of Conflicts of Law (Analysis Part 1 - Policies).

Back 7

Analysis - Consider Section 6 Policy Factors.
1. Consider the After Effects (3) and Parties (4)
After Effects - Efficiency, Consistency, Future Application. Parties - Forum State, Interested State(s), General Application in Field, Party's Expectations.

Front 8

Choice of Law - Restatement 2nd of Conflicts of Law (Analysis Part 2 - Connecting Factors).

Back 8

Restatement factors that guide application in a particular area of law. i.e. Torts - place of injury, place of harmful conduct, domicile of parties, relationship between parties, if any exist.

Front 9

Choice of Law - Restatement 2nd of Conflicts of Law (Analysis - What are the three main factors to consider?)

Back 9

1. Policy Implications. 2. Connecting Factors. 3. Most Significant Relationship.

Front 10

Choice of Law - Restatement 2nd of Conflicts of Law (Analysis Part 3 - Most Significant Relationship)

Back 10

1. Final step, after surveying policies and connecting factors, what is the law of the jurisdiction with the most significant relationship to the dispute?
2. Apply that state's law.

Front 11

Choice of Law - PA Hybrid (Generally)

Back 11

Hybrid combines the gov't interest analysis, with restatement 2d approach (most significant relationship). *key is which state has the greatest interest in the legal issue?
PA courts apply the law of the state with the greatest interest in the legal issue by evaluating contacts and their interests. Only the particular issues that are before the court are relevant, and state's contacts are measured on a qualitative scale (not quantitative).

Front 12

Choice of Law - PA Hybrid (Generally)

Back 12

1. Describe PA's hybrid approach - gov't interest, 2nd restatement.
2. Gov't Interest - ID relevant policies, and apply the facts regarding the contacts. Compare the competing policies.
3. Choose the greater or "most interested state", instead of the simply the forum state (Gov't Interest Approach, in case where there is a true conflict, and moderate interpretation will not clear it up).
4. Discuss result regarding all three approaches.

Front 13

Special PA Rules - Property Cases

Back 13

The Situs of the Property is the law to apply.

Front 14

Special PA Rules - Contract Cases

Back 14

UCC Rule - Choice of Law clauses are valid and upheld as long as the chosen jx bears a reasonable relation to the transaction, (i.e. choice of law clause for alaska, on goods contract between pennsylvania and jersey merchants).
Exception for Other Transactions.
Choice of Forum Clauses: PA: If parties freely agree that litigation should be conducted in another forum, its okay as long as its not unreasonable at the time of litigation.

Front 15

Special PA Rule - Marriage

Back 15

Forum uses place of Celebration Rule - Where ceremony takes place.

Front 16

Special PA Rule - Corporations

Back 16

Law of the state of incorporation

Front 17

Escape Valves

Back 17

Ways to forego applying a particular state's law

Front 18

Escape Valves - Procedural

Back 18

Forum states use forum state's procedure. If a matter is characterized as procedural, forum state will apply its own law with regard to that matter.

Front 19

Escape Valves - Property vs. Contract

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Some cases can be characterized as more than one type, dispute over land as contract or property, preference is to treat partially property cases as property cases.

Front 20

Escape Valves - Statute of Limitations (SoL)

Back 20

Courts should apply the shorter of the two SoL's.

Front 21

What if a law is contrary to a strong public policy of the forum state?

Back 21

Public Policy - If law is contrary to strong public policy of a state, the forum court can reject it. e.g. vermont civil union law in PA. PA public policy against same-sex marriages can reject.

Front 22

Define what it means to be domiciled.

Back 22

1. Physical Presence in a State, and 2. Intent to remain there. 3. PA - for divorce cases, at least one spouse must have been domiciled for six months.

Front 23

When is the Erie Doctrine applicable?

Back 23

In Federal Courts, in cases of Diversity Jx, where there is a state and federal law conflict.

Front 24

What is the Erie Doctrine?

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The Erie Doctrine states that in the face of valid federal law, under the Supremacy clause of the constitution, it governs over the state law.

Front 25

How does the Erie Doctrine treat the Federal Rules of Civil Procedure?

Back 25

It is valid under the Rules Enabling Act and Constitution if it regulates procedure. It is supreme over state procedural rules.

Front 26

How does the Erie Doctrine treat Federal Common Law?

Back 26

Federal Common Law is valid as long as it does not violate its twin aims which are 1. Discouraging Forum Shopping, and 2. Avoiding Inequitable Administration of Laws.

Front 27

In questions of conflict of laws for diversity cases in federal court, what forum's CoL rules should it use?

Back 27

The federal court should apply conflict of laws rules of the forum state. (Ex: PA uses a hybrid of gov't interest, and 2nd Restatement).

Front 28

Recognition of Judgments - What are the three criteria that need to be met for a state to give Full Faith and Credit to another court's ruling?

Back 28

1. Jurisdiction - Personal and Subject Matter Jx over Defendant or AT LEAST Full and Fair opportunity to challenge jurisdiction.
2. Judgment was on the Merits.
3. Judgment was Final.

Front 29

Recognition of Judgments - What doctrine prevents a party from relitigating an entire suit?

Back 29

The doctrine of Res Judicata - 1. Judgment was Final. 2. The cause of action is the same, or the relief requested is on the same transaction/harm. 3. Same parties or their privies (relations contractual/relational). (i.e. successors in interest, holders of future interest, beneficiaries of actual parties to the first suit).

Front 30

Recognition of Judgments - What doctrine prevents a party from opening up subsequent lawsuits against the same client?

Back 30

Collateral Estoppel - 1. Issue was actually litigated in first proceeding. 2. The issue was necessary to support the judgment of the first proceeding. 3. Party against whom collateral estoppel is asserted was a prior party or privy in the first proceeding. 4. Already received a full and fair opportunity to litigate the issue.

Front 31

Recognition of Judgments - What is the general rule regarding Divorce Judgments? What is required for Full Faith and Credit?

Back 31

1. Proper jurisdiction AND 2. Decree is valid in sister state, 3. Jx proper if at least one party was domiciled in rendering state.

Front 32

Recognition of Judgments - What is the Pennsylvania Specific Rule regarding divorces?

Back 32

cannot file for divorce unless 1 spouse was domiciled in good faith (bona fide) for six months prior to commencing divorce action.

Front 33

Recognition of Judgments - What is a divisible divorce?

Back 33

Divisible divorce refers to a divorce whereby, the marriage itself is dissolved. However, the issues incident to the divorce, such as alimony, child custody, and visitation, are reserved until a later proceeding. This type of divorce is granted only when the court has subject-matter jurisdiction but lacks personal jurisdiction over the defendant spouse.

Front 34

Recognition of Judgments - In a divisible divorce what are the rules in PA?

Back 34

Where only one party is domiciled in the state, and personal jx does not reach the other spouse, a valid ex parte divorce decree can be granted. The decree does not govern collateral matters (such as property settlment, alimony, child support, custody).