Conflict of Laws

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Author:
Anonymous
ID:
25458
Filename:
Conflict of Laws
Updated:
2010-07-01 15:56:55
Tags:
conflict laws
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Description:
conflict of laws
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  1. what are rendering and recognizing states
    • rendering - making judgment
    • recognizing - enforcing it
  2. full faith and credit requirements(3)
    • proper Jx
    • judgment on the merits (D.J. = merits)
    • final judgment
  3. defenses to FFC (2 good 3 bad)
    • G: penal / extrinsic fraud
    • B: tax judgemnt, pub pol, mistakes of law or fact
  4. what is comity?
    recognizing forgein judgments if due process (JX/sham procedures)
  5. divorce decrees (2)
    • proper JX if one was domiciled in rendering state
    • estopped? (personal jx, meaningful role, privity w/ parties, marry/remarry)
  6. JX over property/custody awards (2)
    • property: proper if PJ over spouse whose property rights @ issue
    • custody: valid if rendering court is that of child's home state
  7. what is the divisible divorce doctrine
    if valid divorce decree but ancillary not (prop/cust) SEVERABLE. D valid, anc not
  8. who lacks domicile capacity
    • infants (D with parents)
    • mental incompetnets (D with parents)
  9. which state law governs (3)
    • vested rights
    • most sig. relationship
    • governmental interest
  10. vested rights approach (4)
    • substantive area involved
    • vesting rule (PISSED)
    • who wins and result
  11. most significant relationship opener
    "court will apply the law of the state which is most significantly related to the outcome of litigation. Court will look at the connecting facts and policy principles"
  12. gov interest approach opener
    "will apply its own law as long as it has a legitimate interest in the outcome of the litigation. t it has non, this is a false conflict and will apply the law of another state"

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