Flashcards in Conflict of Laws Deck (33):
Recognition of foreign judgment:
"Due process" clause requirements?
Significant contact / aggregation of contacts
Recognition of foreign judgment:
"Full faith and credit" clause requirements?
(1) Proper jurisdiction in rendering court
(2) Judgment on merits
(3) Judgment final
ACCORDING TO LAW OF STATE THAT RENDERED JUDGMENT!!
Erroneous determination of jurisdiction by rendering court?
If question of jurisdiction was "fully and fairly litigated" -> determination is res judicata even if wrong.
Default and consent judgments - on the merits?
(They give rise to "merger and bar" - all preceding events merge into judgment and bar re-trial)
(They DO NOT give rise to "collateral estoppel" - re facts actually litigated)
Examples of judgement not on merits
Lack of jurisdiction
P's lack of capacity to bring suit
Misjoinder of parties
Misjoinder of causes of action
Finality - what if it is modifiable re future payments (eg. child support)?
Final for past due installments.
Not final for future modifiable installments.
Sufficient defenses to "full faith and credit":
Subject to equitable defenses in rendering state (obtained by extrinsic fraud)
Unsufficient defenses to "full faith and credit":
Contrary to public policy in enforcing state
Mistake of law or fact
Res judicata effects of sister state judgment
"Merger" of plaintiff's case into judgment
"Bar" P suing again if judgment favors D
"Collateral estoppel" issue of fact actually litigated - cannot claim different fact later.
Foreign country judgments - comity rule
Voluntary and discretionary.
(1) Had jurisdiction?
(2) Fair procedures used (compared to enforcing state's)
Domicile of child
or parent who has custody.
or last one before becoming incompetent
When does Due Process clause and Full Faith and Credit clause allow state to apply its own law?
State has "significant contacts" with parties of matter, whereby it has a legitimate interest in regulating outcome.
If not --> can violate Due Process clause.
NY approach - "Interest Analysis"
Assumption: Forum applies its own law.
If other law is requested, ask:
(1) Does forum have interest in litigation? If not - "false conflict"
(2) Both states have interests --> "true conflict", applies forum law if it has a "legitimate interest"
(3) "Disinterested forum" + "forum non conveniens" --> dismiss.
(4) No state has interest - usually apply forum law.
Tort - which law applies to question whether cause of action exists?
Tort - which law applies to question of proper conduct?
Law of place of tort.
Tort - which law applies to question of loss distribution?
Law of common domicile (between players)
Tort - weird stuff like dram shop, charitable contribution, workmen's comp etc
Ask whether state has interest in applying as matter of policy, under "interest analysis"
Workmen's comp, when injury out of NY, but significant contacts with NY
Workmen's comp award in state that grants immnunity from tort?
Other state will respect. NY has interest in protecting immunity.
Contract choice of law - exceptions:
Contrary to public policy
No reasonable basis
No "true consent"
NY SoF circumvented
Can supersede choice of laws clause, if law doesn't permit
NY General Obligations law - large contracts
>$250k - can expressly agree on NY law even though no reaonable relation to NY.
(Not labor or personal services governed by UCC)
Sustained if valid under law of any state with reasonable relationship.
State where policy was written(!)
Real property / personal property
Law of situs emphasized.
Inheritance (this is by statute)
Testate: Situs (but formal validity acc to NY or state of execution or domicile)
Testate: Domicile, exceptions:
- Formality - any of 3 jurisdictions;
- Instrincic validity: if OK under domicile at time of execution, later change of domicile doesn't matter
- Interpretation: Domicile at time of execution
- Revocation/alteration: Domicile when that was done
Validity acc to law "where celebrated" - UNLESS subject to "prohibitory rule" at place of domicile.
Alimony, child support
Law of state that ordered payments.
Arguments against application of foreign law:
(1) No application of foreign procedural law (law of forum says whether procedural)
(NY - arbitrary table about what is procedural/substantive)
(2) Against public policy (statutorily authorized to enforce only if reciprocity in other state)
(3) Penal or tax law