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Flashcards in mini review Deck (11):
1

3 requirements for sister state full faith and credit

- these are evaluated according to the rendering states law
1) JURISDICTION must have been proper
(only 1 bite at apple)
2) MUST BE ON MERITS
(SOL is NOT on the merits, but default judgment is)
3) judgment must be FINAL

2

Good defenses against FFC

1) judgment is criminal/penal (an offense against public)
2) judgment obtained by EXTRINSIC FRAUD (by bribing judge)

3

bad defenses against FFC

1) judgment contradicts recognizing state's own public policy
2) MISTAKES OF LAW AND/ OR FACT were made. Mistakes must be appealed in the rendering state

4

federal/state judgments

federal recognition of state judgment is under SUPREMACY CLAUSE

5

family law judgments

1) DIVORCE DECREES: jurisidctional requirement: 1 spouse must be DOMICILED in the forum

2) PROPERTY AWARDS: jurisdictional requirement: PJ over spouse whose property rights are at issue

3) CUSTODY AWARDS: CHILD HOME STATE

- divisible divorce doctrine: divorce decree ok but other requirements were not met, separate good judgments from bad ones

6

Choice of law: first restatement (vested rights) Substantive area on the left side and rules on right

1) torts: place of injury
2) contracts (formation): place of contracting (execution)
3) contracts (performance): place pf performance
4) REAL property (all issues): SITUS (where land located)
5) Personal property (inter-vivos): SITUS at time of RELEVANT transaction
6) personal property (inheritance): DOMICILE of decedent AT DATE OF DEATH

7

choice of law: second restatement (most significant restatement) substantive area on the left side and rules on the right

1) torts: connecting facts: (also has policy reasons 1) regulate conduct: where conduct occured, 2) ensure adequate compensation: place of P's domicile)
(a) place of injury
(b) place of conduct causing injury
(c) place of home state of the parties (domicile. place of business
(d) place where relationship b/w parties centered

2) K:
(a) place of negotiation
(b) place of contracting (execution)
(c) place(s) of performance
(d) place of home state of parties (domicile/ place of business)
(e) place where subject matter, if any, is located

3) property:
a) REAL property (all issues): SITUS (where land located)
b) Personal property (inter-vivos): SITUS at time of RELEVANT transaction
c) personal property (inheritance): DOMICILE of decedent AT DATE OF DEATH

8

"governmental interest" approach

same approach as second restatement (most significant relationship)
x/c: tiebreaker: forum state as an interest in the litigation (one of the forum state's policies is implicated)

9

federal court/ diversity jursidiction issue

a federal district court sitting in diversity jurisdiction will apply the CHOICE OF LAW APPROACH in the state where it is located (sits)

10

transfers 1404

where venue and PJ was proper but more convenient location
- choice of law approach of the state of the transferor court will apply (COL approach is locked in when case is filed)

x/c: forum selection clause/ choice of law provision

11

transfers 1406

where venue or PJ was not proper: restarts the choice of law approach