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Conflict of Laws - Coggle Diagram
Conflict of Laws
Choice of Law in Ongoing Suit
Approaches
Most Significant Relationship
The issue presented is which state's law will govern the outcome of this litigation. The governing law will be selected by the forum court using the most significant relationship approach.
Under this approach the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.
Facts
Torts
(2) place of conduct causing injury
(3) where the parties are at home
(1) place of injury
almost always place of injury UNLESS: loss distribution tule and parties share common domicile
(4) where the relationship of the parties, if any, is centered
Contracts
(1) place of contracting
(2) place of negotiation
(3) place of performance
(4) place where the parties are at home
Policy Principles
Needs of the interstate and international systems to further harmony and facilitate commerce
The relevant policies of the forum
The relevant policies of other interested states
Protection of justified expectations
The basic policies underlying the particular field of law
Certainty, predictability, and uniformity of result
ease in the determination and application of the law to be applied
Interest Analysis
The issue presented is which state's law will govern the outcome of this litigation. The governing law will be selected by the forum court using the interest analysis approach.
Under this approach the court will consider which states have a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum state has no legitimate interest, it will apply the law of another interested state.
False conflict
apply law of the interested state
True conflict
apply law of forum state if forum state is interested
Vested Rights
The issue presented is which state's law will govern the outcome of this litigation. The governing law will be selected by the forum court using the vested rights approach.
Under the vested rights approach, the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.
Torts
This is a torts case. The vesting rule for torts cases applies the law of the place of injury. Here ...
Contracts
This is a contracts case involving a question about:
Validity / formation: The applicable vesting rule is that the law of the place of execution governs. Here...
Performance: The applicable vesting rule is that the law of the place of performance governs. Here...
Choice of Law Provision
A choice of law provision will be enforced if it is valid and express.
CONTRACT: Look to choice of law provision first
enforced if valid an express
unenforceable if
provision included without true mutual consent
no reasonable relationship to the contract
(most significant relationship state would have more reas relationship)
Family Law
Marriage
If valid where performed, recognized everywhere
exception: temporary relocation to avoid prohibitory rule
Divorce
Forum will apply its own divorce laws.
Legitimacy of Child
Legitimacy of a child is governed by law of the mother's domicile at the time of the child's birth.
Validity of subsequent acts of legitimation concerning paternity are governed by the law of the father's domicile.
Property
Immovable (Real) Property
Apply the law of the situs
Includes mortgages, validity of a deed, capacity of a grantor, and liens
Movable
inter vivos transfer
Apply the law of the situs at the time of transaction
Inheritance
Ds
: Apply the law of the decedent's domicile at date of death
Corportations
Issues of existence of corporation; structure; authority and liability of directors and rights of shareholders
Apply the law of the state of incorporation
Recognition of Judgments
Full Faith and Credit Clause
Defenses
Extrinsic fraud
fraud that could not be corrected during the regular course of proceedings leading to the judgment
Inconsistent Judgments
Penal judgements
plaintiff that led the suit was the
state
INVALID Defenses
invalid defense
: public policy
even if against recognizing state's public policy, must recognize
invalid defense
: mistake
Effects
Res judicata
operates the same in recognizing state as it does in rendering state
Enforcement of the Judgment
recognizing court can enforce judgment against parties and parties in privity (beneficiaries, holders of future interests, successors in interest, all persons represented in class action)
Requirements (determine dy rendering state law)
On the Merits
Must involve substance of the plaintiff's claim
Includes default judgments
Finality
Judgment must be final -- no further action by the rendering court is needed to resolve the litigation
Jurisdiction
Subject Matter Jurisdiction
Personal Jurisdiction
If jurisdiction fully and fairly litigated in original action, defendant cannot have that determination relitigated in the recognizing state
(does NOT mean actually litigated) -- waiver of PJ = fully and fairly litigated
Family Law Judgments
Validity of marriage
marriage is valid if state where celebrated considers it a valid marriage
Exception: marriage violates prohibitory rule of the domicile of on of the parties
Divorce Judgments
full faith and credit as long as one of the spouses is domiciled in the rendering state
Child Custody
UCCJEA: all states must give full faith and credit to child's
home state's
judgment
Home state retains jurisdiction; no other court may modify unless rendering court has no remaining significant connection with child or parties in dispute
Child Support
Full Faith and Credit for Child Support Orders Act: each state must enforce child support orders made consistently with statute by court of another state
Comity (foreign judgments)
Jurisdiction?
Procedurally Fair?
Final?
On the merits?