Conflicts of Laws
Terms
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- Should sister state judgments be recognized in NY?
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Is judgment entitled to Full Faith and Credit?
a) Meets FFC requirements, AND
b) no valid defenses apply - Full Faith and Credit Requirments
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3 total
1) Valid juris in the rendering CT over both the parties and the subject matters of the litigation
2) Judgment was a final judgment
3) Judgment Rendered on the merits - When is a judgment final?
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A modifiable judgment is not a final judgment (but will usually be enforced under Comity)
[Note - future alimony/child support are modifiable] - When is a judgment on the merits?
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2 examples:
1) default judgments,
2) Consent judgments - What are two 'good' defense to FFC?
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1) Judgment is penal (i.e. rendered for an offense against the public, winner is the gov't)
2) Extrinsic Fraud - fraud that could not have been coped w/ in the earlier trial (i.e. bribery of the judge) - Is Intrisic fraud a good defense?
- No - intrinsic fraud could have been dealt w/ during the litigation and is not a good defense (ex: perjury by a witness)
- What are the 4 'non' defenses?
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1) a tax judgment
2) Judgment is based on a cause of action that violates forum's public policy
3) Mistakes by the judge in the earlier trial (raise this on appeal)
4) Inconsistent judgment (a later judgment can be enforced even though it is inconsistent w/ a valid earlier one)
[NOTE - mention these even though they are not valid] - When do we recognize foreign country judgments?
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2 part test:
1) Jurisdiction must have been proper, AND
2) Fair procedures must have been used in the foreign country proceeding
[Note - for part (2) use recognizing state's law - i.e. due process, minimum contacts, fairness] - What are the three types of divorce?
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1) Ex-Parte: only one spouse is validly domiciled in the state rendering the divroce
2) Bi-Lateral: where one of the spouses is validly domiciled where the divorce is granted, AND, both spouses subject to PJ there
3) Consent: where both want a divorce and go get it somewhere - Who can attacked a divorce decree?
- Any interested person who is not estopped can attack for lack of SMJ
- Who has the BOP in attacking a divorce?
- The attacker bears the BOP and can introduce any relevant evidence even if the evidence came into existance after the divorce was granted
- Who is Estopped from attacking a divorce?
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1) One spouse in bi-lateral divorce (b/c was subject to PJ)
2) Attacker who played meaningful role in the granting of the divorce
3) Persons who are in privity w/ a party to the divorce
4) A spouse who has remarried in reliance on the earlier divorce being good - What are the requirments for entering a property award?
- CT granting alimony or child support must have PJ over the spouse whose property rights are in issue
- What are the requirments for entering a child custody decree?
- Valid juris lies only in childs home state
- What is Divisible Divorce Doctrine
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When a divorce is only partially valid b/c of lack of juris
a) you keep the valid and ignore the invalid - What is Domicile by Choice?
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2 part test:
1) physical presence in that state, AND
2) the intent to remain indefinitely - What are factors to consider for domicile by choice?
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1) Presence
2) Conflicts b/w words and acts - actions speak louder then words
3) person can have only one domicile - once obtained, a domicile of choice is kept until you get anothe rone
4) The motive for going to another state to acquire domicile is irrelevant - What is domicile by operation of law?
- If occurs when a person has no legal capacity to acquire a domicile of choice
- When is somone issued a domicile by operation of law?
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1) Child - determined by parent's domicile
2) Domicile of a married women living apart from her husvand in a different state
a) used to have husbands domicile
b) now can obtain one by choice - What are come constitutional limits on choice of law?
- The state chosen must have a significant contact w/ the parties or subject matters of the litigation which give it a legitimate interest in seeing its law applied
- What are 2 situations where the choice of law test fails?
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1) If, after event in question, someone moves to a new state, and that moves creates the only contact w/ that state, then it would be unconstitutional to apply that states laws
2) If the only contact w/ the parties/litigation is that the suit is brought in the state then it would be unconsitutional to apply that states law - What are two approaches to choice of law?
- Vested Rights and Interst Analysis
- Describe the Vested Rights approach
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1) the law to be applied is the law where the rights of plaintiff vested
a) Torts - rights vest when injury
occurs
b) Ks - vest when K is made - Describe the interest analysis approach (i.e. 5 Step Babcock approach)
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1) List factual connections w/ each state
2) Note the different state laws in issue
3) Uncover policy underlying each states laws (i.e. which would favor P and D)
4) Apply facts to policies - determine if state has an interest in seeing it's law applied
(Exam - if party being favored by a state law resides there, state has an interest)
5) Apply the law of the state w/ the greatest gov't interest in the outcome - What are the categories of the 5th Step in the Babcock approach?
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1) Is it a false conflict where only one state has an interest
---if yes, apply that law
2) Is if a true conflict where 2 or more states have an interest
---apply law of forum state unless another state has a much greater interest
3) Is it a disinterested forum case where 2 or more states have an interest and the forum does not
---Do 1 of 2 things: (1) Apply law that is closest to NY law, OR (2) Apply the law that is better)
4) Is it an un-provided for case where no state has an interest
---CTs usually apply NY law - What do you do for torts cases?
- Use the 5 step babcock approach PLUS three rules of Neumeier
- What are the three rules of Numeier?
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1) When P and D are domiciled in the same state, that states's law will be applied
2) When P and D domiciled in different states, then if the law of the state where the accident occurred helps it's citizen, then apply that law
3) When P and D domiciled in different states, then if the law of the state where the accident occurred does not help it's citizen, then apply law of place where injury occured unless the other juris has a greater outcome - How do you determine local distribution rules?
- Apply Babcock and Numeier
- How do you determine the rules regulating conduct?
- Apply the law of the place of injury
- What do you do for K cases?
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1) Parties can choose laws governing construction, AND
2) Parites can choose laws for K validity provided
a) Choice is not contrary to
fundamental policy a of state w/ a
greater interest,
b) Substantial relationship b/w
parties and transaction, AND
c) Choice free from duress - What is NY special statute regarding Ks?
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1) If K > $250K, can choose NY law even if K has no connection
2) If K < $1M and parties choose NY law, then can add clause in K requiring NY to be the forum and NY CTs will not dismiss - What is special about Insurance Ks?
- In insurance K, all issues regarding the rights and duties under an insurance policy are determined by the state where the policy is written
- What do you do for Real Property Ks?
- Apply the law of the place where the property is located
- Inheritance choice of law?
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1) A non-domiciliary can choose NY law in a Will and it will apply to the distribution of their assets
2) This is true even if it would oust wife from elective share - Family law choice of law?
- 1) Generally, a valid marriage is valid everywhere
- What if marriage is void in home state?
- Can still be valid in NY if the marriage is void b/c it failed to comply w/ some technical requirement and it would be valid in NY under NY law
- Name 3 Defense to Choice of Law?
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1) It was procedural
2) Law was against public policy of the forum state (must be really offensive)
3) The law is a penal law (i.e. applies only to offense against public) - When is law procedural vs substantative?
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Procedural - BOP, SOL, ability to bring counter claims
Substantative - Contrib/Compare Neg, SOF, Parol Evidence, direct action statutes - What choice of law rules should a federal CT use?
- A federal CT sitting in a diversity case must use choice of law rules of the state in which it sits