3 Conflicts Of Law, Mee, 2013

Front 1

What are the full faith and credit requirements?

Back 1

(1) jurisdiction must have been proper in the rendering state court (according to rendering state law);
(2) judgement on the merits; and
(3) judgment is final.

Front 2

Good defenses to full faith and credit

Back 2

(1) the judgment is penal (punishing an offense against the public); and
(2) the judgment was procured by "extrinsic" fraud (could not have been dealt with at trial level)

Front 3

Test for recognition of foreign judgments

Back 3

(1) jurisdiction was proper; and
(2) fair procedures were used.

Discretionary, voluntary

Front 4

How much of a divorce decree will be given full faith and credit?

Back 4

Ex Parte divorce: PJ over only one spouse, recognize termination of the marriage, property located in forum state if minimum contacts, and child custody if rendering state is child's home.

Bilateral divorce: PJ over both spouses, full faith and credit to anything that satisfies FFC reqs. (termination of marriage, property rights, just not anything that is modifiable = not final).

Front 5

Test for Domicile by Choice

Back 5

(1) physical presence; and
(2) intent to remain there indefinitely (motive doesn't matter, just genuine intent)

(Domicile by operation of law = Children are domiciled where custodial parents are domiciled, Incompetents retain prior domicile by choice OR parent's domicile)

Front 6

What law does the forum state use to determine which state law governs?

Back 6

The choice of law approach of the forum state.

Front 7

Constitutional limitation on choice of law

Back 7

The constitution requires that the forum state have SIGNIFICANT CONTACTS giving a LEGITIMATE INTEREST in seeing its law applied.

Front 8

In a federal court sitting in diversity which conflict rules will they apply?

Back 8

(Erie substantive law) The conflict rules of the state that it is located unless it is a transferee from another district court.

Front 9

What is the vested rights approach?

Back 9

- Characterize area of Substantive Law
- Determine applicable choice of law rule
- Apply the law determined by the rule

Front 10

What is the most significant relationship approach?

Back 10

Apply the law of the state which is most significantly related to the outcome of the litigation.

Look at (1) the connecting fats (for each areas of substantive law) and (2) certain policy principles (interests of the forum and other state) (3) Choose law of state with most significant relationship to outcome based on (1) and (2) above.

Front 11

What is the interest analysis approach?

Back 11

Assume the forum will apply its own law, as long as it has a legitimate interest in the litigation.

If it has no legitimate interest, this is a false conflict case and it will apply the law of another state.

If it and another state have an interest, this is a true conflict, apply state with greater interest (in practice, forum state is always chosen, do the same for exam).

Front 12

Choice of Law for TORTS

Back 12

If rule regulating conduct, apply law of the place of the CONDUCT.

If rule regulating loss distribution, apply according to appropriate method;

Vested Rights: Apply law where injury occurred.

Significant Relationship: Consider place of injury, place of conduct, residence, place where relationship is centered.

Front 13

Choice of Law for CONTRACTS

Back 13

Apply law parties chose in K.

Vested Rights: Issues of K construction goverend by place of performance, issues of validity governed by place of execution.

Most Significant Relationship Approach: Place of negotiation, execution, performance, home state, subject matter.

Front 14

Choice of Law for REAL PROPERTY

PERSONAL PROPERTY

Back 14

The law of the SITUS of the property governs (where the property is located).

Law of SITUS, unless intestacy, then choose decedent's domicile at time of death.