Choice Of Law

Question 1

Conflict of law fact patterns

Answer 1

Include connections to multiple states

1. Recognition of judgments, and
2. Choice of law

Question 2

Recognition of judgments

Answer 2

Looking for two conditions

1. Judgment by court in rendering jurisdiction, and
2. Party wants judgment recognized by court in recognizing jurisdiction

Question 3

FFCC

Answer 3

Under FFCC, state court judgment must be recognized and enforced in other states

Question 4

Two-part flow chart

Answer 4

1. Was rendering jurisdiction sister state or foreign comity
2. Is judgment entitled to FFCC or comity

If sister-state, are FFCC reqs met and any valid defenses?
If foreign, is there comity?

Question 5

Reqs of FFCC

Answer 5

1. Jurisdiction
2. On the merits
3. Finality

Look to law of rendering state to see if satisfied

Question 6

Jurisdiction

Answer 6

Rendering state must have jx over parties and subject matter

Exception: cannot challenge if fully and fairly litigated (i.e., if PJ waived = fully and fairly)

Question 7

Merits

Answer 7

Judgment rendered by original state must have been on merits

Question 8

Examples of not on merits

Answer 8

Statute of limitations, lack of jx, misjoinder, improper venue, failure to state a claim unless dismissed w/ prejudice

If after settlement = on merits

Question 9

Finality

Answer 9

Judgment entered by rendering court must be final and most common application is judgment on appeal in rendering jx is not final

If modifiable then not final

Question 10

Defenses to FFCC

Answer 10

Penal judgment (offenses against public so p = state), or judgments based on extrinsic fraud (those that cannot be corrected in proceedings)

Question 11

Invalid defenses

Answer 11

Public policy or misapplication of other state’s law by rendering court

Question 12

Foreign judgments

Answer 12

If rendering court is foreign, then source of obligation is comity or treating and recognizing court will exercise jx

Question 13

Choice of law fact patterns

Answer 13

1. Lawsuit involves factual connections with multiple states, and
2. States have different laws leading to different results

Question 14

Choice of law approaches

Answer 14

Vested rights approach of 1st Restatement

Most significant relationship of 2nd Restatement

Governmental interest approach

Question 15

Exceptions to CoL

Answer 15

Diversity cases filed in fed court: CoL approach of state in which it sits

Transferred diversity: fed court choice of law of original court when venue proper to begin with

Question 16

Restrictions on CoL

Answer 16

Constitution: only imposes limit of having significant contact and/or legitimate interest in litigation

Statutory: if forum has statute that directs CoL then forum court should apply statute

Question 17

Vested rights

Answer 17

Court will apply law of that state mandated by applicable vesting rule and rule is selected according to relevant substantive area of law

Question 18

Vested rights steps

Answer 18

1. Categorize substantive area of law
2. State applicable vesting rule
3. Determine governing law
4. Apply governing law to determine result

Question 19

Last act of vested rights

Answer 19

Most often, right vests in state where last acr or event occurred that gave rise to rights being asserted in the lawsuit

Question 20

Most significant relationship

Answer 20

Court will apply law of state which is most significantly related to outcome of litigation and, to determine this, court will look to facts and principles of policy

Question 21

Most significant steps

Answer 21

1. Discuss connecting facts
2. Discuss policy principles
3. Choose governing law to determine result

Question 22

Interest approach

Answer 22

Court will consider which states have legitimate interest in outcome of litigation and, if forum court has legitimate interest, will apply own law otherwise will apply another interested state

Question 23

Interest approach steps

Answer 23

1. Which states have legitimate interest
2. Categorize type of conflict
3. Choose governing law based on conflict type
4. Apply

Question 24

Specific substantive areas

Answer 24

Torts, Ks, property, and family law

Question 25

Torts

Answer 25

Vesting rights: where injury occurred Most significant: factual connections of place of injury, place of conduct, where parties at home, and place where relationship is centered along with policy principles of relevant policies Place of injury is almost always governing law; loss of distribution, though, where parties share domicile

Question 26

Contracts

Answer 26

Vested rights: if formation, place where K executed; if performance, where performance occurred Most sig: connect fats like place of contracting, negotiation, performance, and where parties at home Generally, if negotiation and performance are same, that forum law’s apply

Question 27

Property

Answer 27

Vested rights: if real, law of situs but if movable, for inter visos then law of situs at time of transaction but for inheritance then law of decedent’s domicile at death Most sig: law of state most significantly related to property transaction

Question 28

Family law

Answer 28

Marriage: if valid where performed, recognized everywhere Divorce: courts will apply own laws Legitimacy: mother’s domicile at time of child’s birth; subsequent acts of legitimation concerning paternity are governed by law of father’s domicile

Question 29

CoL provision or FSC

Answer 29

K is enforceable if valid and express Invalid if (a) law selected has no reasonable relationship to K, or (b) provision included w/o mutual assent

Question 30

Defenses to CoL

Answer 30

Public policy and procedural rules

Question 31

Public policy

Answer 31

Forum ct will not apply law that is against its own fundamental public policy UNLESS recognition of judgments at play

Question 32

Procedural rules

Answer 32

Regardless of whether outcome of CoL analysis, forum ct will apply own procedural rules Statute of limitation = procedural b/c horizontal, whereas Erie is vertical