CONFLICTS MINI OUTLINE

I.                  JURISDICTION

1. 1. This may be tested in a conflicts question. In particular, be on the lookout for this in a recognition of judgments question as this is a full faith and credit requirement.

II.                RECOGNITION OF JUDGMENTS

1. 1. Threshold Question
      1. Is it a sister state or foreign judgment that requires recognition?
      2. Question may ask, “Should the party be estopped from relitigating in a different state court?”
   2. Sister State Judgments (over 90% of time) – 2 Steps:
      1. Full Faith & Credit Requirements (evaluated under rendering state law)
         1. Proper jurisdiction in rendering state;
         2. Judgment must have been on the merits;
            1. Statute of limitations not on merits; default judgments are.
         3. Judgment must have been final.
            1. To the extent that a judgment is modifiable, it is not entitled to full faith and credit because it is not final. However, most states will recognize the judgment based on general comity principles.
      2. Defenses
         1. Penal Judgment – one that punishes for an offense against the public
            1. State must be the plaintiff
         2. Judgment procured by extrinsic fraud
            1. Intrinsic fraud is not a good defense
            2. Test: if fraud could have been dealt w/ in the earlier proceeding its intrinsic; if not, its extrinsic.
               1. Obtain judgment by perjury – intrinsic; obtain by bribing judge – extrinsic
         3. Bad Defenses: tax defense, judgment contrary to recognizing state’s public policy, mistakes of law and/or fact were made
   3. Foreign Country Judgments
      1. “Foreign country judgments are basically recognized on the same basis as sister state judgments. However, courts will look to make sure to see if our due process standards are satisfied both in terms of proper jurisdiction (minimum contacts) and fair procedureswere used.
   4. Family Law Judgments
      1. Divorce Decrees – 2-Step Analysis
         1. Determine if jurisdiction was proper
            1. TEST – at least 1 spouse must be domiciled in the rendering state
         2. Determine if person attacking jurisdiction is estopped from doing so
            1. CHECKLIST – (over 75% of time this applies)
               1. Person subject to PJ in earlier proceeding
               2. Person played meaningful role in earlier proceeding
               3. Person in privity of a party to earlier proceeding
               4. Person marries or remarries in reliance on earlier proceeding
      2. Ancillary Matters: Property and Custody Awards
         1. Property Awards – must have PJ over spouse whose property rights are at issue
         2. Custody Awards – jurisdiction proper in child’s home state
      3. Full Faith & Credit to Child Support Orders
         1. Regular test doesn’t apply b/c they’re always modifiable
         2. Full faith and credit must be given to another court’s child support orders if:
            1. Court had SMJ and PJ; AND
            2. Parties had reasonable notice and opportunity to be heard
      4. Modification of Child Support Awards of Another State
         1. Once a state w/ proper jurisdiction issues a support award, the court of another state is limited to enforcing the original order unless:
            1. All parties no longer reside in the rendering state; OR
            2. Parties agree in writing to non-issuing state’s jurisdiction

III.              DOMICILE

1. 1. Domicile by Choice
      1. Acquired by one who has domicile capacity
      2. 2-Part Test
         1. Physical presence (can be for a very short time)
         2. Intent to remain or return
      3. TIP – don’t confuse motive w/ intent
   2. Domicile by Operation of Law
      1. Acquired by one who lacks domicile capacity
      2. Infants – domicile of their parents
      3. Mental incompetents – domicile of parents, or, if one became incompetent after acquiring a domicile of choice, that domicile is retained.

IV.             CHOICE OF LAW

1. 1. The Question
      1. Which state law governs?
   2. Starting Sentence
      1. It will be the law selected by the forum court using its choice of law approach.
   3. Choice of Law Approaches (talk about all 3 unless told otherwise)
      1. “Vested Rights” Approach (1^st Restatement)
         1. Characterize the substantive area of the law
         2. State the appropriate vesting rule
         3. State what state “wins”
         4. State the result
      2. “Most Significant Relationship” Test
         1. The law the forum court will apply is the law of the state that is most significantly related to the outcome of the litigation. To determine this, the court will look to (1) the connecting facts, and (2) certain policy principles
         2. Connecting Facts – what are they and where did they occur?
            1. Weight of each fact depends on the substantive area of law involved
         3. Policy Principles – “the most important policy principles are those that require us to look at the interests of the forum and other factually connected jurisdictions.
         4. What state wins and the result.

iii.                  “Government Interest” Approach

1.   The forum court will consider the policies of the states’ laws and determine whether either state has a legitimate interest in having their own laws applied. When both states have an interest, a “true conflict” exists, and the forum court will resolve the conflict by applying its own law if it has a legitimate interest in the outcome of the litigation.

a.   If it doesn’t, it will apply the law of the other state

1. 1. 1. 1. Discuss whether there is a true conflict – do the states have a legitimate interest in the outcome.
         2. State what state wins and the result
         3. Note: you will almost always apply forum court’s law b/c one of the parties will be domiciled there.
   2. Federal Courts w/ Diversity Jurisdiction
      1. RULE – if forum is a federal court sitting in diversity jurisdiction, it will apply the conflicts rules of the state in which it sits
      2. EXCEPTION – if the case has been transferred, it will apply the conflicts law of the transferor state.
   3. Substantive Law Areas
      1. TORTS
         1. Vested Rights Approach – place of injury
         2. Most Significant Relationship Approach
            1. Place of injury (most important)
            2. Place of conduct causing injury
            3. Place of home state (domicile, incorporation, place of business)
            4. Place where relationship between parties centered
         3. Intrafamily Tort Immunity - “Most Significant Relationship” Approach
            1. Most important fact in these cases is the place of common domicile
         4. Multiple State Torts (defamation) - p’s domicile state
      2. WORKER’S COMPENSATION
         1. No choice of law problem b/c it will always apply its own statute
         2. Worker can recover under more than one workers’ compensation act, but prior recoveries will be credited against the subsequent ones
         3. Worker can sue under workers’ comp act and in tort unless D is immune (i.e., employer D)
      3. CONTRACTS
         1. Vested Rights Approach
            1. Formation Problem – place of execution
            2. Performance Problem – place of performance
         2. Most Significant Relationship Approach
            1. Use common sense
      4. PROPERTY
         1. Both approaches have the same rules
         2. Real Property – situs (both inter vivos and testamentary transactions)
         3. Personal Property
            1. Inter Vivos – situs at time of transaction
            2. Testamentary – domicile of decedent at time of death
      5. FAMILY LAW
         1. Marriage – if valid where performed, its valid everywhere, unless domiciliaries temporarily leave to avoid state’s public policy
   4. Defenses to Choice of Law
      1. Substantive/Procedure Dichotomy
         1. Concept – forum will use its choice of law approaches to determine which substantive law to apply. However, if the matter isprocedural, it will apply its own law.
         2. Exam Answer Opening Sentence
            1. “In issue is whether the [insert law (e.g., S of L) from fact pattern] is substantive or procedural, for if it is procedural, the forum court will apply its own law.”
         3. FAV EXAM FACT PATTERN: Statute of Limitations
            1. Gen Rule – S of L is treated as procedural, and thus, the forum will apply its own law.
            2. 3 Exceptions
               1. Time limit set by K – these limits will govern
               2. Borrowing Statutes – forum is to apply the shorter time limit (forum’s or that of the state where cause of action arose) – [they’ll tell you on exam that there’s a borrowing statute]
               3. Statute Conditions Substantive Right – if you apply another state’s statute which creates a substantive right, you should apply the entire statute, including procedural type provisions
            3. Modern Trend – S of L is treated as substantive matters subject to basic choice of law analysis.
            4. TIP – if confronted w/ S of L issue, apply both unless otherwise directed.