Conflict of Laws

Two Part Analysis

I. is the rendering jurisdiction a sister states to a foreign country?

II. A sister states

1. Are the requirements of full faith and credit satisfied?

2. Are there any valid defenses?

3. Recognition is required when the answer to #1 and #2 is no.

II. Foreigen Country

1. Is the foreign judgment entitled to comity?

Full Faith & Credit

Did the rendering court have jurisdiction over the parties and the subject matter?

yes, is the judgment on the merits (involve the substance of the claim)?

Yes, is the judgment final?

Yes, are there any defenses to full faith and credit?

1. Judgement is penal

2. Judgement was obtained through extrinsic fraud.

No, judgment is entitled ti full faith and credit.

Yes, the judgement is not entitled to full faith and credit

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Did the rendering court have jurisdiction over the parties and the subject matter?

No, the judgement is not entitled to full faith and credit.

Principal Choice of Law Approaches

Vested Rights:

1. Charachteristics the area of substantive law

2. Determine the particular choice of law rule

3. Localize the rule to be applied.

Does approach differ according to substantive area of law? Yes

Most Significant Relationship:

1. Consider the connecting facts: the specific contracts with each jurisdiction

2. Consider the policy-oriented principles (1) needs of interstate systems (2) relevant policies of forum (3) policies and interests of other jurisdictions (4) expectations of parties (5) basic policies underlying substantive law (6) predicitabitly and uniformity of result (7) ease of determination of foreign law.

Does approach differ according to substantive area of law? Yes

Interest Analysis:

1. Assume the forum will apply its own law; unless requested to apply another

2. If it’s requested to apply another states law. check for false conflict (forum has no interest)

3. If false conflict, apply the law of interested state

4. If true conflict, the forum reconsiders its policies

5. If the forum has no interest in applying its own law, it should dismiss the case, if forum non conveniens is available if not, it may apple interested states law or law of states that most closely resembles its own law.

6. If no interested states, just courts apply law of forum.

Does approach differ according to substantive area of law? No

Choice of Law Rules for Specific Areas: Substantive Law

Torts:

Vested Rights Approach: Place of wrong (injury)

Consider: injury, conduct, residence, center of parties relationship

Contracts:

Vested Rights Approach: Validty problem - place of making; performance problem - place of performance

Consider: the place of contract, negotiating, performance; location of subject matter; domicile, residence

Workers Comp

Vested Rights Approach: Forum

Property

Vested Rights Approach: Real Property Situs; Personal Property: Testamentary and interstate transfer - domicile of owner at time of death; Inter vivid transaction - situs of property at the time of the relevant transaction

Family Law

Vested Rights Approach: Marriage (place of consideration) Legitimate after birth (fathers domicile) Adoption (forum)

Corporation

Vested Rights Approach: Place of Incorporation

Domicile Approach

Minor - Domicile of origin

Lack Capacity - Domicile by Operation of Law (former domicile)

Present in location with intent to remain - Domicile by choice or former domicile applies for a short period of time.