Conflicts of Law

Question 1

What is the rendering jurisdiction?

Answer 1

The jurisdiction where the judgment is originally entered

Question 2

What is the recognizing jurisdiction?

Answer 2

The jurisdiction where recognition is being sought

Question 3

If the rendering jurisdiction is a sister state, what questions must you ask?

Answer 3

• Are the requirements of full faith and credit satisfied?
• Are there any valid defenses?

If answers are yes and no (respectively), recognition is required

Question 4

If the rendering jurisdiction is a foreign country, what question should you ask?

Answer 4

Is the foreign judgment entitled to comity?

Question 5

What are the requirements for full faith and credit to be satisfied?

Answer 5

• Jurisdiction- the rendering state needed personal and subject matter jurisdiction
• On the merits- the judgment entered by the rendering state must have been on the merits
• Finality- The judgment entered by the rendering court must be a final judgment

Question 6

What are judgments not on the merits?

Answer 6

Dismissals based on

• Lack of jurisdiction
• Misjoinder
• Improper venue and
• Failure to state a claim if dismissed without prejudice (if dismissed with prejudice, it is a judgment on the merits)

Question 7

Is a default judgment a judgment on the merits?

Answer 7

Yes

Question 8

Which law is used to evaluate whether the full faith and credit requirements are satisfied?

Answer 8

The rendering state’s law

But- the law of the enforcing state governs the method of enforcement

Question 9

What are the defenses to full faith and credit?

Answer 9

• Penal judgments
• Extrinsic fraud

Question 10

What is a penal judgment?

Answer 10

One which punishes an offense against the public. The plaintiff will be the state.

Exception- final tax judgments are not penal judgments

Question 11

What is extrinsic fraud?

Answer 11

Fraud that could not be corrected during the regular course of proceedings leading to the judgment

Ex: judge was bribed

Question 12

Invalid defenses to sister state judgments

Answer 12

• Public policy
• Mistake

Question 13

What is the rule for deciding if a foreign judgment should be recognized?

Answer 13

Under principles of comity, a recognizing court will exercise discretion to decide whether the foreign judgment should be recognized

Consider whether the foreign court had jurisdiction and whether the foreign court’s procedures were fair

Question 14

In a diversity case in federal court, what law is applied?

Answer 14

The law of the state in which the court sits

Question 15

In a transferred diversity case, what law is applied

Answer 15

• If the case was filed in a proper venue and the case is transferred within the federal system, the federal court applies the choice of law approach of the original court
• IF the case was filed in an improper venue, or filed in a venue in defiance of a forum selection clause, the law of the transferee court will apply

Question 16

What is the constitutional restriction on choice of law?

Answer 16

The Constitution imposes a limit only if a state’s law is chosen that has no significant contact with and/or legitimate interest in the litigation

Question 17

What are the statutory guidelines for choice of law questions?

Answer 17

If the forum state has a statute that directs a choice of law, then the forum court should apply that statute instead of the usual choice of law approach

Question 18

What is the Vested Rights/First Restatement approach?

Answer 18

Three steps:

1. Characterize the area of substantive law
2. Determine the particular choice of law rule
3. Localize the rule to be applied

Note- the forum will generally apply its own law in characterizing an issue

Question 19

What is the Most Significant Relationship approach of the Second Restatement?

Answer 19

Seeks to identify the state with the most significant relationship with respect to the issue. Consider the connecting facts in the case and whether the policy-oriented principles should be considered

Question 20

What is the interest analysis approach?

Answer 20

Start by assuming the forum will apply its own law, then consider whether the forum has any interest in the litigation. If it does not, there is a false conflict and the forum will apply the law of the second state. If it does, there is a true conflict, and the forum will apply its own law

Question 21

What is a false conflict?

Answer 21

Only one state has a legitimate interest

Question 22

What is a true conflict?

Answer 22

Two or more states have legitimate interests

Question 23

What policies might be considered under the Second Restatement approach?

Answer 23

• Needs of interstate systems
• Relevant policies of forum
• Policies and interests of other jurisdictions
• Expectations of parties
• Basic policies underlying substantive law
• Predictability and uniformity of result
• Ease of determination of foreign law

Question 24

What is the First Restatement vesting rule for torts?

Answer 24

The law where the injury occurred governs

Question 25

What is the Second Restatement vesting rule for torts?

Answer 25

* Factual considerations include: * The place of injury * The place of the conduct that caused the injury * Where the parties are at home * Where the relationship (if any) is centered * Policy principles to consider: * The relevant policies of the forum state * The relevant policies of other connected states

Question 26

What is the exception to the rule that for torts you apply the law of the place of the injury?

Answer 26

If the rule at issue is a loss distribution rule AND the parties share a common domicile, apply the law of the common domicile

Question 27

When will a choice of law provision in a contract be enforced?

Answer 27

If it is valid and express When in doubt on the exam, find it invalid

Question 28

When is a choice of law provision invalid?

Answer 28

* The law selected has no reasonable relationship to the contract OR * The provision was included without true mutual consent

Question 29

What is the First Restatement vesting rule for contracts?

Answer 29

* If the case is about formation, apply the law of the place of contracting * If the case is about performance, apply the law of the place of performance

Question 30

What is the Second Restatement rule for contracts?

Answer 30

* Factual considerations include * The place of contracting * The place of negotiation * The place of performance * The place where the parties are at home * Policy principles include * Relevant policies of the forum state * Relevant policies of other connected states * Reasonable expectations of the parties

Question 31

What is the rule for all models with immovable (real) property?

Answer 31

Apply the law of the situs (where the property is)

Question 32

What is the rule for all models with movable (personal) property?

Answer 32

* If the case involves an inter vivos transaction, apply the law of the situs at the time of the transaction * If the case involves a matter relating to inheritance, apply the law of the decedent's domicile at the date of death

Question 33

When will a marriage that is valid in one state not be valid in another?

Answer 33

If domiciliaries of one state temporarily relocate to another state to enter into a marriage that violates a prohibitory rule in their home state, the state of domicile will not recognize their marriage

Question 34

What law does the forum apply for divorce?

Answer 34

The forum applies its own laws

Question 35

What law governs the legitimacy of a child?

Answer 35

* Legitimacy of a child is governed by the law of the mother's domicile at the time of the child's birth * The validity of subsequent acts of legitimation concerning paternity are governed by the law of the father's domicile

Question 36

What are the defenses to choice of law?

Answer 36

* Public policy (different from recognition of judgment)- a court will not apply law that is against its own fundamental public policy * Procedural rules- apply your own procedural rules)

Question 37

For choice of law purposes, are statutes of limitations procedural or substantive?

Answer 37

Procedural! (But substantive for Erie purposes) Unless there is a borrowing statute

Question 38

Requirements for domicile

Answer 38

* Physical presence in the new domicile * An intent to remain permanently (or indefinitely) in the new domicile

Question 39

How is a child's domicile determined?

Answer 39

* Newborns are assigned the domicile of their parents * In case of divorce, children are assigned the domicile of their custodial parent

Question 40

How is an “incompetent's” domicile determined?

Answer 40

* An individual who is mentally incompetent is assigned the domicile of their parents * If an individual becomes incompetent after acquiring a domicile by choice, they retain the chosen domicile