Conflict of Laws

Question 1

Judgments: test for sister states

Answer 1

1. Is the judgment entitled to full faith + credit?
   - jurisdiction in rendering court (PJ + SMJ, unless fully and fairly litigated)
   - judgment on the merits (NOT timeliness/SOL, jurisdiction, venue, misjoinder, dismissal for failure to state a claim)
   - finality (NOT on appeal, not a modifiable decree/future payments)
2. are there any valid defenses?
   - penal judgments (unless a final tax judgment)
   - extrinsic fraud underlying the judgment

Question 2

judgments: test for foreign countries

Answer 2

-entitled to comity?
~valid, final judgment on the merits
~did foreign court have jurisdiction?
~were the court procedures fair?

Question 3

choice of law: 3 approaches

Answer 3

• vested rights: apply the law of the place in which parties’ interests vest. based on the vesting rule, as determined by substantive area of law
• most significant relationship: based on the party with the most significant relationship, as determined by the facts and policies
• interest analysis: based on the party with the greatest interest in the outcome of the litigation; court will apply its own law as long as it has a legitimate interest

Question 4

vested rights approach: process

Answer 4

1) determine law
2) find vesting rule
- torts: place of injury
- contracts: formation = place of execution; performance = place of performance
- property: situs, situs at transfer of movable property, domicile at death (will)
- family law: where marriage performed, divorce forum, mother’s domicile (legitimacy), father’s domicile (subsequent legitimation acts)

Question 5

interest analysis approach

Answer 5

1. find states’ interests
2. characterize conflicts as true/false
3. if false conflict - interested state; if true conflict - forum state

Question 6

most significant relationship analysis

Answer 6

1. discuss connecting facts (contacts)
   - torts: place of injury, conduct, parties, relations
   - contracts: place of contract, negotiation, performance, subject matter, parties
2. discuss policy principles: needs of interstate systems, policies of forum, policies and interests of other jdx, expectations of parties, policies of law, predictability/uniformity of result, ease of determining law