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Conflict of Laws I. Recognition of Foreign Judgments A. problem areas: 1. must have been proper jurisdiction in rendering court 2.

any defenses to full faith and credit 3. effects of recognizing a sister judgment B. Full faith and credit requirements 1. proper jurisdiction in the rendering court 2. judgment on the merits 3. judgment must be final C. Good Defenses to Full Faith and Credit 1. judgment is penal (punishes offense against public) Π = state 2. judgment was procured by extrinsic fraud (bribing judge, etc) D. Bad Defenses to Full Faith and Credit 1. tax judgment 2. judgment is contrary to the recognizing state’s public policy 3. mistakes of law and/or fact were made (issue for rendering court) E. Foreign Country Judgments 1. Comity given if recognizing courts due process standards are satisfied both in terms of: a. jurisdiction was proper (minimum contacts) b. fair procedures were used during earlier litigation F. Family Law Judgments 1. Divorce decrees a. jurisdiction was proper –one spouse domiciled in rendering state b. person attacking jurisdiction isn’t estopped from doing so i. subject to personal jurisdiction in earlier proceeding ii. played meaningful role in earlier proceeding iii. privity with parties in earlier proceeding iv. marry or remarry in reliance on earlier proceeding 2. Ancillary maters: property and custody awards a. jurisdiction was proper i. For property, jurisdiction proper if p.j was proper over spouse whose property rights are at issue ii. For custody, jurisdiction is proper in the child’s home state b. Divisible Divorce Doctrine - judgments are severable II. Domicile (start discussion with why domicile is being discusses) A. Domicile of choice – domicile acquired by one who has domicile capacity 1. physical presence in place i. can be very short time 2. intent to be domiciled in that place i.. don’t confuse with motive 3. if multiple residence, primary is domicile

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State the result B. Most significant relationship approach/ most significant facts a. Under this approach the court will apply the law of that state which is most significantly related to the outcome of the litigation. Place where the relationship between parties is centered 3.4. 2. Governmental Interest Approach 1. If the forum is a federal district court sitting in diversity jurisdiction. State the appropriate vesting rule 3. Infants will be assigned the domicile of their parents or custodial parent 2. Federal courts/ diversity cases 1. If it has no legitimate interest. To determine this. this is a false conflict case and it will apply the law of another state. multiple state torts – injury greatest in Π’s domicile 2 . Specific Substantive Law Areas A. Discuss the policy principles 4. Domicile by operation of law – domicile assigned to one lacking capacity 1. State what state “wins” – where the rights vest 4. Choice of Law – (law selected by the forum court using its choice of law approach) A. state what state “wins” and the result C. place of injury b. place of conduct causing injury c. Better Rule Approach: Under this approach the court looks at a variety of factors to determine what is the “better rule” of law. can only acquire a new domicile by perfecting two parts in that place B. the court will apply the conflict rules of state in which it is sitting. place of home state (domicile/incorporation/place of business) d. Intrafamily tort immunity – most significant fact is place of common domicile 4. the court will apply the conflicts rules of the transferor state IV. Vested Rights Approach 1. If the case has been transferred from another district. Under this approach the court will apply its own law as long as it has a legitimate interest in the outcome of the litigation. Discuss whether the forum has a legitimate interest in the outcome of the litigation 3. Discuss the connecting facts (where and what) 3. Vested Rights Approach a. they will look at (i) the connecting facts and (ii) certain policy principles. and then applies it. Place of injury 2. Torts 1. Characterize substantive area of law involved 2. if after then choice III. 2. E. 2. Most Significant Relationship Approach (IL Follows) 1. State what state “wins” and the result D. Mental incompetent assigned domicile of parent.

Family Law 1. Threshold Inquiry – Whether there is a valid choice of law provision – if so. worker can recover under more than one act but any prior recoveries will be credited against subsequent ones 2. Inter vivos transactions i. forum always applies own law 3. worker can recover under the worker’s comp and in common law tort if the Δ has not been given by immunity under the act C. recognized everywhere a. validity of subsequent acts governed by father’s domicile V. place of execution c. it governs (look at reasons to invalidate :) a. If issue is procedure it will apply its OWN law 3 . place where subject matter is located f. children born out of wedlock are illegitimate b. Most Significant Relationship/ Most Significant Facts a. Contract performance problems: place of performance 3. If mother married child presumed legitimate c. Contracts 1. If invalidated. Situs at the time of the relevant transaction b. Defenses to choice of law A. no true mutual assent c. Contract formation problems: place of execution b. Personal Property a. exception: domiciliaries temporarily leave state to avoid prohibitory rule (expresses a strong public policy) state will not recognize marriage 2. Capacity governed by law of the place of execution D.B. Legitimacy a. court uses its own choice of law approach 2. Property . domicile of the decedent at time of death E. Workers’ Compensation (there is no choice since there is administrative tribunal case and it will always apply its own workers’ compensation statute 1. Vested Rights Approach/ vesting rules a. Divorce – no choice of law. Foreign law is against forum’s public policy – almost never accepted B. Inheritance matters i. state selected has no reasonable relationship with the contract b. places of performance d. Substance/procedure dichotomy – forum will use choice of law to determine which substantive law to apply. Real property rule – situs (covers both inter vivos transactions and inheritance matters 2. place of home state e. Place of negotiation b. Marriage – if valid where it is performed.both restatements have same rules 1.

apply the entire statute including procedural provision b. Modern Trend: statute of limitations are treated as “substantive” matters to a basic choice of law analysis. 2. for if it is procedural the forum will apply its own law. (apply most significantly related state) 4 . either forum’s or state where action arose iii. Exceptions: i. time limit set by contract – contract will govern ii. Favorite – statute of limitations (procedural) a.1. statute conditions substantive right (forum applies substantive law of another state after using choice of law) • if another state’s statute creates a substantive right. In issue is whether the (fill in applicable type of law) is substantive or procedural. borrowing statutes – forum is directed to apply shorter time limit.