Flashcards in Conflicts of law Deck (24):
What 4 requirements must a court find to give full faith & credit to a sister states' judgement?
1. valid jurisdiction over both parties
2. subject matter jurisdiction over litigation
3. judgement final
4. judgement on the merits (includes default & consent judgements)
To satisfy due process & FF&C, what must forum/ chosen state have?
Significant contact with parties & subject matter
In general, if parties have the same domicile what law is applied?
The law of the shared domicile
*otherwise usually apply the law of place where accident occurs
Under government interest analysis (GIA), what is the false conflict rule?
only 1 state has interest in its law applying (apply that law)
Under GIA, what is the true conflict rule?
if 2 or more state have interest & 1 is the forum state, apply forum state law UNLESS the interest of the other is greater (ex. if D would not be liable if other state law was applied and D resident of other state)
Under GIA, what is the disinterested forum rule?
2 or more states have interest but forum state is not 1 --> apply the law closest to NY law
What are the 4 elements of the center of gravity/ Babcock test?
1. list factual contacts w/ ea state
2. look @ legislative history & court decisions to find underlying policies of ea state's law
3. relate facts to policies to see if state has interest
4. assess favorability of state's law to the parties
In tort cases, what is the same domicile rule? (neumeier 1)
P & D domiciled in same state
-use that state's law
In tort cases, what is the different domicile rule? (NY Neumeire 2)
P&D domiciled in different states
-apply law of state where accident happened if it helps its citizen
In tort cases, what is the "law does not help" rule? (NY Neuimeir 3)
P&D domiciled in different states & law of place of accident does not help its citizen party
-still apply accident states law unless other state has greater interest
When will NY not honor an express choice of law provision in a contract? (4)
1. law contrary to public policy
2. no true consent (fraud, mistake)
3. no reasonable basis for choice of that states law
4. NY statue of frauds circumvented
What law controls for auto insurance contracts?
law where policy was written
In NY, what 2 types of large contracts need a reasonable relationship to NY to be valid?
2. personal services
What law is applied to property in COL situations?
law of situs (where property is located)
What is the general COL rule for marriage?
if marriage is valid where performed, then valid everywhere
When is the general COL rule that marriage invalid everywhere if it is invalid where performed not true?
IF marriage failed to comply with technicial requirements of state where performed
-will be valid if valid in NY
What law generally govern's divorces?
law of P's domicile
What is a bi-lateral divorce?
1 spouse is domiciled where divorce granted but both subject to personal jurisdiction
What 4 factors would estopp a party fr attacking a divorce for lack of SMJ?
1. party subject to personal jurisdiction at earlier proceeding
2. party played meaningful role in granting divorce
3. persons in privity with party (kids)
4. spouse who has remarried in reliance on earlier divorce
What type of foreign laws/ sister state laws are usually applied in COL situations?
substantive laws (NOT procedural...ex: SOL, counter-claim rules)
What is the Erie Doctrine of Federal Courts?
federal court sitting in a diversity case must use the choice of law rules of the state it sits
What types of modifiable judgements will be enforced?
Future alimony/ child support
How is the law of a foreign country handled in NY courts?
foreign law is treated as a fact that must be pleaded and proved
(If foreign law cannot be determined apply NY law if there is no injustice)