Conflict of Laws: Mini Review

Question 1

Sister State Judgments – Full Faith and Credit

Three Requirements:

Answer 1

Evaluated according to rendering state law

1. JURISDICTION must have been proper
2. Must be on MERITS– SoL won’t work but DEFAULT judgment will
3. Judgment must be FINAL

Question 2

Good Defenses to FFC

Answer 2

1. Judgment is CRIMINAL/PENAL (an offense against public)

2. Judgment obtained by EXTRINSIC fraud (eg. bribing judge)

Question 3

BAD defenses to FFC– THEY DONT WORK

Answer 3

1. Judgment contradicts recognizing state’s public policy

2. Mistakes of law and/or fact were made. Should have been appealed in the rendering state right away

Question 4

Federal/State Judgments

Answer 4

Works the same as sister state judgments pursuant to statute (28 USC sec 1738) for state judgments and the Supremacy Clause for federal judgments

Question 5

Family Law Judgments: Divorce Decrees

Answer 5

Jurisdictional Requirement: one spouse MUST be domiciled in the rendering state

Question 6

Family Law Judgments: Property Awards

Answer 6

Jurisdictional Requirement: Personal Jurisdiction over spouse whose property rights are at issue

Question 7

Family Law Jurisdiction: Custody Awards

Answer 7

Jurisdictional Requirement: Child’s HOME STATE

Question 8

Divisible Divorce Doctrine

Answer 8

If the divorce decree jurisdictional requirement is satisfied and the ancillary award jurisdiction requirements are not, the law regards the judgment as severable, ie. the divorce is valid but the other parts are not

Question 9

Choice of Law: Vested Rights Approach - Torts

Answer 9

Place of Injury

Question 10

Choice of Law: Vested Rights Approach - Contracts (Formation Issues)

Answer 10

Place of Execution

Question 11

Choice of Law: Vested Rights Approach - Contracts (Performance Issues)

Answer 11

Place of Performance

Question 12

Choice of Law: Vested Rights Approach - Real Property (ALL issues)

Answer 12

Situs – where land is

Question 13

Choice of Law: Vested Rights Approach - Personal Property (Inter Vivos Transactions)

Answer 13

Situs at TIME of Relevant Transaction

Question 14

Choice of Law: Vested Rights Approach - Personal Property (Inheritance Matters)

Answer 14

Domicile of Decedent at Date of Death

Question 15

Most Significant Relationship Approach (2nd Rest)

Answer 15

Under this approach the court will apply the law of that state which is MOST SIGNIFICANTLY RELATED to the outcome of the litigation. To determine this, they will look at (i) the connecting facts and (ii) policies behind the laws in question

Question 16

Torts - Connecting Facts

Answer 16

1. Place of INJURY
2. Place of CONDUCT
3. Place of the HOME state of parties (domicile/place of business)
4. Place where the RELATIONSHIP between parties is centered.

Question 17

Contracts - Connecting Facts

Answer 17

1. Place of NEGOTIATION
2. Place of EXECUTION
3. Place of PERFORMANCE
4. Place of HOME STATE of the parties (Domicile/Place of Business)
5. Place of SUBJECT MATTER of the K

Question 18

Property - Connecting Facts

Answer 18

Same as 1st Rest

Question 19

Governmental Interest Approach

Answer 19

If the forum uses the governmental Interest Approach the result will be nearly identical to the most significant relationship test but the court will apply the law of the forum as a tiebreaker in the event that the forum state has an interest in the litigation (i.e. one of the forum state’s policies is implicated).

Question 20

Federal Court/Diversity Jurisdiction Issue

Answer 20

A fed district court sitting in diversity jurisdiction will apply the choice of law approach of the state in which it is situated.

Question 21

If the case has been transferred from another district under 28 USC Sec 1404–

Answer 21

the choice of law approach of the state in which the transferor court sits will apply (i.e. COL approach is locked when case is filed).

Question 22

Substance/Procedure Dichotomy

Answer 22

The concept: the forum will use its choice of law approach to determine which substantive law to apply. The forum however will always apply its own procedural rules.

Question 23

Statute of Limitations–GR

Answer 23

a State will dismiss a case that is filed beyond own statute of limitations.
If a claim is timely filed within a state’s own statute of limitations there are two basic approaches to procedural/substantive dichotomy: traditional + modern

Question 24

Traditional Approach

Answer 24

SoL traditionally have been treated as procedurally. Thus, the forum typically would apply its own SOL

Question 25

Traditional Approach Exceptions

Answer 25

1. Borrowing statutes: forum directed to borrow shorter SoL from the state where the COA AROSE 2. Statute Conditions Substantive Right- have to apply whole statute including SoL if the statute has a special SOL embedded within it

Question 26

Modern Trend

Answer 26

SoL are treated as substantive matters subject to a basic choice of law analysis-- apply the SoL of the most significantly related state (e.g.)