2.

CONFLICT OF LAWS

CMR
APPROACH FULL FAITH AND CREDIT
CHART

No
Did the rendering court have jurisdiction
over the parties and the subject matter?

Yes
V
Is the judgment on the merits (i.e., it
involves the substance of the claim rather No
than procedural matters)?

The judgment is not

Yes entitled to full faith
and credit.
Is the judgment final (i.e., it does not
require any further action by the rendering
court)?

Yes
V
Are there any defenses to full faith and
credit? Yes
-Judgment is penal.
-Judgment was obtained through
extrinsic fraud.

No

The judgment is entitled to full faith and

credit.
 CONVISER MINI REVIEW 7.

APPROACH TO DETERMINING DOMICILE

APPROACH
CHART

Yes Domicile of origin

Is the person a minor?
(of parents) applies

Does person lack capacity to Yes Domicile by operation of

choose his domicile? (Very little law (of parents) or former
mental capacity required.) domicile applies

No

V
Is person present in the location Yes
Domicile by choice
with the intent to remain there established
indefinitely?

No

Domicile of origin or former

domicile applies
 CONVISER MINI REVIEW 9.

PRINCIPAL CHOICE OF LAW ANALYTICAL APPROACHES

Most Significant Governmental

Vested Rights Relationship Interest

Analytical Steps 1. Characterize the 1. Consider the 1. Assume the forum

area of substantive connecting facts: the will apply its own law,
law. specific contacts with unless requested to
each jurisdiction. apply another.
2. Determine the
particular choice of 2. Consider the 2. If it is requested to
law rule. policy-oriented apply another state's
principles: law, check for false
3. Localize the rule to conflict (forum has no
be applied. (i) needs of interstate interest).
systems;
3. If false conflict,
(ii)relevant policies of apply the law of
forum; interested state.

(iii)policies and 4. If true conflict, the

interests of other forum reconsiders its
jurisdictions; policies.

(iv)expectations of 5. If the forum has no

parties; great interest in
applying its own law, it
(v)basic policies should dismiss the
underlying substantive case if forum non
law; conveniens is
available; if not, it may
(vi)predictability and apply interested
uniformity of result; state's law or law of
the state that most
(vii) ease of closely resembles its
determination of own law.
foreign law.
6. If no interested
state, most courts
apply law of forum.

Does Approach Yes Yes No

Differ According to
Substantive Area of (See chart for specific areas)
Law?
16. CONFLICT OF LAWS

CHOICE-OF-LAW RULES FOR SPECIFIC

SUMMARY AREAS OF SUBSTANTIVE LAW
CHART

Substantive "Vested Rights" "Most Significant

Area of Law Approach Relationship" Approach

Torts Place of wrong (injury). Consider the place of:

- Injury;
- Conduct causing the
injury;
- Residence and/or
business of parties;
- Center of parties' relation-
ship

Contracts Validity problem—place of Consider the place of:

making. - Contracting;
- Negotiation;
Performance problem— - Performance;
place of performance. - Location of subject matter;
- Domicile, residence,
nationality, incorporation
and business of parties.

Workers' Compensation Forum.

PropertyReal property—situs.

Personal property—

Testamentary and intestate transfer—domicile of

owner at time of death.

Inter vivos transactions—situs of property at the

time of the relevant transaction.

Family Law Marriage—place of celebration (if marriage can be

upheld under that law).

Legitimation after birth—father's domicile.

Adoption—forum.

Corporations Place of incorporation.

Note: The "governmental interest" approach does not vary according to the
substantive area of law.
 CONVISER MINI REVIEW 17.

C. DO ARGUMENTS AGAINST APPLICATION OF A FOREIGN LAW EXIST?

Three arguments are to be considered: (i) the law to be applied is procedural, (ii) the law is
against the forum's public policy, and (iii) the law is a penal or tax law.

1. Substance/Procedure Dichotomy
The law of the forum is usually employed to determine whether a law is substantive or
procedural. A forum will always apply its own procedural laws.

CMR
SUMMARY PROCEDURE VS. SUBSTANCE
CHART

Procedural Substantive

✓ Civil practice rules in general ✓ Civil practice rules that would change
outcome
✓ Burden of proof in general

✓ Contributory negligence (defendant ✓ Comparative negligence

must raise as affirmative defense)

✓ Rebuttable presumptions ✓ Irrebuttable presumptions

✓ Statutes of limitations in general ✓ Statutes of limitations that condition a

substantive right or limit a contractual
✓ Direct action statutes right, and borrowing statutes

✓ Ability to bring counterclaims ✓ Statute of Frauds

✓ Privileges ✓ Parol evidence rule

✓ Contribution among joint tortfeasors

✓ Survival of actions

✓ Adverse possession

✓ Damages

2. The Foreign Law Is Against Public Policy

If a law is contrary to the public policy of the forum state, the court may refuse to apply the
law. Use this defense sparingly. Note, further, that the governmental interest approach does