SBP Conflicts of Law

Traditional vested rights approach

Under this approach, apply the law of the state where the transaction or event occurred

Most significant relationship approach

Under this approach, apply the law of the state having the most significant relationship to the transactiona nd parties

Interest analysis approach

Under this approach, the courts weighs the interests of the states involved. The state with the greater interest will have its law applied.

3 Step process to determine the greater interest

1) If one state has an interest to apply its policy, and the other state doesn't, the court should apply the law of the interested state
2) If there is an apparent conflict between the interests of two states, the court should look for a more moderate/restrained interpretation to avoid the conflict
3) If there is still a conflict, the law of the forum state applies

Contractual forum selection clause

Courts will enforce a contractual forum-selection clause to transfer venue of an action UNLESS special factors are present

Inheritance

For real property, apply the state law of where the property is located. For personal property, apply the state law of decedent's domicile state.

Erie Doctrine

Applies when a federal case is brought under diversity of citizenship jurisdiction. Federal procedural law and substantive law of the forum state in which it sits.

Full Faith and Credit

A judgement is entitled to full faith and credit when the:
1) Rendering court had PJ and SMJ
2) Cases was decided on the merits; and
3) Judgement was final

Full Faith and Credit as applied to marriage

The validity of a marriage is determined by the law of the state with the most significant relationship to the spouses. A marriage that is valid everywhere, unless it violates the strong public policy of another state. Most states will honor a common law marriage validly established in another state.

Full Faith and Credit as applied to family law judgements

A divorce validly granted in another state is entitled to full faith and credit in all other states.