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9 Cards in this Set
- Front
- Back
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** Recognition of judgments ** |
** Recognition of judgments ** |
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Full faith and credit |
A court must recognize a judgment of a sister state where it is final and rendered on its merits. |
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Comity
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A New York court will recognize the judgment of a court of a foreign country that is final and rendered on its merits. This is on the conditions that the due process standards met those of the United States, both parties participated and the proceedings were fair. |
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** Choice of laws ** |
** Choice of laws ** |
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Eerie doctrine
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Under the Eerie doctrine, a federal court in a diversity jurisdiction action must apply the law of the state in which it sits.
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Vested rights / traditional approach |
Under the traditional vested rights approach, the laws where the rights of the plaintiff are vested will apply to any action brought by him/her. The deciding location will be that where the ‘last act’ that forms part of the claim occurred. In a tort action this will usually be the place of injury. |
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Government interest / Neumeier approach |
The traditional approach has been modified to consider the interest that each state has in having its law applied. Guiding principles were given in the case of Neumeier stating that (1) where both parties share a common domicile, the rules of this state will apply (2) otherwise the law of the state where the accident occurred will apply unless the other state has a greater interest. |
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** Conflict of laws: specific fields ** |
** Conflict of laws: specific fields ** |
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Divisible divorce doctrine
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The divisible divorce doctrine states that where a divorce rendered in a foreign state is only partially valid, the valid part will stand. |
