Conflict of Laws Flashcards
(30 cards)
When is a court not required to enforce another state’s judgement pursuant to the full faith and credit clause?
Either:
A. Lack of Jurisdiction; OR
B. Judgment Not On The Merits; OR
C. Judgment Was Not Final
If a prior case is dismissed for lack of subject matter jurisdiction, is it considered on the merits?
No.
When will a court not enforce another court’s judgement due to lack of jurisdiction?
- Prior court did not have prior jurisdiction over parties and/or subject matter; AND
- Party challenging prior court judgement did not litigate the jurisdiction issue in the prior court.
What are valid defenses a court might rely on in refusing to enforce another state’s judgment?
A. Lack of Jurisdiction; OR
B. Judgment Not On The Merits; OR
C. Judgment Was Not Final
Under what authority must a state court judgment be recognized and enforced in other states?
Under the Full Faith and Credit Clause.
What factors would a court consider in determining whether to recognize a foreign judgment under comity principles?
- Did the foreign court have jurisdiction?; AND
2. Were fair procedures used in adjudicating the case?
To what extent does the Full Faith Credit Clause apply to foreign judgments?
It does not apply to foreign judgments.
If a federal court is exercising diversity jurisdiction over non-federal claims, what COL approach must it apply?
The COL policies of the state in which the court sits.
What are the three main tests a given state may use resolving conflict of law issues?
- Vested Rights Approach of 1st Restatement
- Most Significant Relationship Approach of the 2nd Restatement
- Governmental Interest Approach
In a property dispute, which forum’s laws will usually apply under a Vested Rights Approach?
The law of the forum where the property is located.
+ IF TANGIBLE PROPERTY - location at the time of the relevant transaction
In a contract litigation, what forum’s laws will likely be applied under the Vested Rights Approach?
The law of the forum where the K was formed, unless it involves performance.
+ IF PERFORMANCE - location where performance was due
Under the Vested Rights Approach, in a tort claim, what forum’s laws will usually be applied?
The forum where the injury occurred (specifically where the last event giving rise to liability occurred.)
Under the Vested Rights Approach, where do parties’ rights most often vest?
The state where the last act or event occurred that gave rise to the rights being asserted in the lawsuit.
What law does the court apply under the First Restatement’s Vested Rights Approach?
The law of the forum where the act occurred or where the relationship that gave rise to the lawsuit developed.
Under the Most Significant Relationship Approach, what do courts look at in a contract litigation to determine choice of law issues?
The place of contracting, negotiation, performance, location of subject matter of K, domicile/residence/place of incorporation of the parties.
+ Generally, if place of negotiation of performance are the same, that forum’s laws will be applied.
In a torts case where the Most Significant Relationship Approach is followed, what will courts look at to determine which forum’s laws apply?
Place of injury and conduct that caused the injury (most significant factor), as well as residence/domicile/place of incorporation of the parties.
What factors does a court consider under the most significant relationship approach when determining which forum has the most significant relationship?
- Relevant policies of the forum and other interested jurisdictions; AND
- Relevant policies underlying the substantive field of law; AND
- Ease of applying the law to applied; AND
- Whether application of a given law will aid certainty, uniformity, and predictability
What forum’s laws will a court apply under the Most Significant Relationship Approach?
The court applies the law of the forum that has the most significant relationship to the issue at hand.
Under the Government Interest Approach, can a court choose to apply a modified version of either forum’s laws?
Yes. It can also apply either forum’s laws, or its own.
What is the process a court uses to determine which forums laws should apply under the Government Interest Approach?
Courts start with a presumption that its forum’s laws should apply.
The court may also:
- Examine the policies behind its laws and those of the other forum involved
- If another forum has an interest, court will reconsider its forum’s policies to consider if it has a legitimate interest in applying its own law.
What presumption do courts following the Government Interest Approach start with?
That its forum’s law should apply.
What do courts focus on in determining conflict of laws issues under the Government Interest Approach (a.k.a. Interest Analysis Approach)?
The court analyzes policies behind the conflicting laws in each forum and how those policies would be furthered by application to the case at hand.
To what extent must an express choice of law provision in a K lack any relationship to the parties for a court to refuse to apply the provision?
If the forum bears no substantial relationship to the degree that there is no reasonable basis for the forum.
Under what conditions might a court refuse to apply an express choice of law provision in a K as contrary to public policy.
If applying the law of the K designated forum would conflict with a fundamental policy of a different forum that has a materially greater interest than the designated forum in determining the particular issue.
