Term
| Conflict of Law, First Step |
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Definition
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Term
| Full Faith & Credit, Rule |
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Definition
FFC Clause provides "ffc shall be given in each state to public acts, records, and judicial proceedings of every other state"
As a matter of right, foreign judgments will be recognized in forum state so long as requirements of FFC are met
Covers judgments of all state cts, fed cts, and administrative tribunals (statutorily) |
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Term
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Definition
Look at law of rendering court to determine:
1. Proper Jurisdiction - PJ & SMJ; Bootstrap Doctrine
2. Judgment on Merits - Default & Consent Judgments are limited
3. Final Judgment - modifiable divorcee decree split |
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Term
| FFC, Defenses against (3) and non-defense |
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Definition
- Penal Judgments - taxes are not penal
- Extrinsic Fraud - 1 party fraudulently causes other to not fully present case
- Inconsistent Judgments - last
- Nondefense - contrary to Public Policy of forum |
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Term
| FFC, Effect of Recognition |
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Definition
Res Judicata Effects -
If Same Cause of Action (same SM, issue, relief, harm):
- Merger - P won, Ps cause merged
- Bar - D won, P barred from re-litigating issue
- Collateral Estoppel - cause of action different, but contains same issue, estopped on that issue if:
1. issue of fact actually litigated & determined, and 2. essential to/determinative of first judgment
3rd Parties may use so long as party used against was party/in privity with party of prior action with full & fair opportunity to litigate
Binds parties & parties' privies (interests represented by party) |
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Term
| FFC, Enforcement of Judgment |
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Definition
If entitled to FFC, must be enforced
Law of forum state governs method of enforcement |
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Term
| Foreign Nation Judgments, Recognition Methods (2) |
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Definition
Not entitled to FFC
Comity Principle - voluntary recognition of foreign judgment based on:
- Proper Jurisdiction
- Fair Procedures
Uniform Foreign Money-Judgments Recognition Act
- Any foreign judgment granting/denying recovery of $$ is recognized
Exception: taxes, penal, alimony & child support |
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Term
| Divorce Judgments, Recognition |
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Definition
Get FFC if:
- Proper Jurisdiction (satisfied if 1 spouse domiciled in rendering state, in PA must establish residency for at least 6m)
- Valid decree in rendering state |
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Term
| Ex Parte Divorce Judgments, Recognition |
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Definition
Rebuttable presumption of domicile of P aides - transfers burden to D
If forum court has PJ over both parties, and finds invalid jurisdiction of rendering court, may invalidate divorce |
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Term
| Consent Divorce Judgment, Recognition |
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Definition
| Both before court (PJ), one domiciled in state (SMJ), then entitled to FFC - valid bilateral divorce |
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Term
| Who can challenge divorce? |
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Definition
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Term
| Divorce Judgments, Parties estopped against collateral attack (4) |
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Definition
1. Party to Prior Proceedings
2. Privies of Parties - determined according to rendering court
3. Strangers - if no standing in rendering court, no standing here
4. Remarriage in Reliance on Divorce - cannot assert invalidity of divorce |
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Term
| Divorce Judgments, Alimony & Property Rights |
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Definition
Bilateral Divorce - included in decree, entitled to same FFC
Ex Parte - Doctrine of Divisible Divorce
Forum ct may adjudicate rights to marital property in forum state where sufficient minimum contacts exist (in rem/quasi in rem jd) |
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Term
| Divorce Judgments, Child Custody |
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Definition
| Ct has jd to make initial custody determination if child's home state; entitled to FFC & unmodifiable by other jds unless child no longer significantly connected to rendering jd |
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Term
| Foreign Nation Divorce Judgments, Recognition |
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Definition
Comity Principle where domicile met
Alimony/Property/Child Custody - same as for sister states |
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Term
| Domicile of Individuals, Types (2) |
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Definition
(There can only be 1 domicile)
Domicile of Choice:
- Physical presence - question of fact
- Intent to be domiciled - intend to remain indefinitely
Remains domicile until establish new domicile by clear & convincing evidence
Domicile by Operation of Law
- Married women - historically, husband's unless separated; modern trend, own
- Infants - Marital child, father's; dead father, mother's; divorced/separated, custodial parent; emancipated, own
- Incompetents - Parent's, unless established DoC while competent
- Domicile of Origin - established at birth - marital, fathers; non-marital, mothers |
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Term
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Definition
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Term
| Choice of Law, Constitutional Limitations (2) |
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Definition
1. Due Process Clause - forum state may apply own law only if sufficiently substantial contacts with parties & transaction
2. FFC -
- Worker's comp - may apply forum if substantial factual contacts with case
-Obligation to provide a forum - wrongful death actions
- Public Policy - do not have to apply another state's sovereign immunity statute if violates legitimate public policy of forum
- Do not have to use another state's statutes where forum is competent to litigate |
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Term
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Definition
| If forum state has any significant contacts with parties and subject matter of action, and a legitimate interest in regulating outcome of litigation, it is not constitutionally bound to apply another state's law and will general default to applying its own relevant laws. |
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Term
| CoL, Statutory Limitations |
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Definition
Forum state may have statutory provisions directing what law must be applied in certain situations
Supremacy clause may preempt state law from taking jd over a particular sm |
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Term
| CoL, 1st R, Vested Rights Approach |
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Definition
(abandoned in Pa)
Steps:
1.) Characterize area of substantive law
- Substantive or Procedural
- Forum uses own standards to determine area
2.) Determine applicable CoL rule
3.) Localize rule to be applie |
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Term
| CoL, Government Interests Approach |
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Definition
General Rule: Forum applies own law unless challenged by a party, then determine false/true conflict
Steps:
1. Identify Interests
2. Evaluate Contacts
3. If only one state interested - False Conflict
4. If multiple states interested - Apparent Conflict - reevaluate more moderate & restrained
5. If multiple states still interested - True Conflict - apply forum law so long as legitimate interest
If forum not one of the interested states, may dismiss unless Forum Non Convenies, then:
- Apply law of jd forum likes best
- Apply law of jb most resembling forum's law
If no interested jds - Unprovided for Case - apply forum law |
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Term
| CoL, 2d R Most Significant Relationship |
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Definition
Rule: Apply law of most interested state
Steps:
1. Connecting Facts - evaluate importance of contacts to each jd
2. Policy Principles (7) -
- Needs of Interstate/International Systems
- Relevant Policies of Forum
- Policies/Interests of other jds
- Need to Protect Justified Party Expectations (K)
- Basic Policies underlying particular Substantive Field
- Objectives of certainty, predictability, and uniformity of result (discourage forum shopping)
- Ease of determination & application of specific law |
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Term
| CoL, PA hybrid approach (how to answer bar q) |
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Definition
(hybrid of GI & MSR)
Steps:
1. Describe PA Approach: Ct looks to law of state with greatest interest first, measuring that interest against significance of contacts with parties and transaction. Ct weighs contacts on a qualitative scale to determine which jd has a priority interest.
2. Identify GI
3. Determine if "True Conflict" exists
4. If so, apply law of state with greatest interest by a qualitative analysis of relevant contacts
- List connecting facts
- Weigh connectors |
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Term
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Definition
MSR, Generally -
1. Additional Policies:
- Place of Injury (controls in cases involving personal injury, injury to land/tangibles, & wrongful death - unless clear another jd has MSR)
- Place of conduct causing injury
-Domicile, residence, nationality, place of incorporation, or place of biz
- Place where relationship of parties is centered
Specific Tort Issues
Liability
1. Existence of Cause of Action
- MSR - jd w. MSR
- GI - forum w. legitimate interest
2. Defenses
- PA - D acting in home state can expect those protections to apply
- Guest Statutes - PA applies if MSR
- Intrafamily - MSR - common domicile; GI - common domicile if brought there
- Charitable Immunity - MSR - exception to MSR if Ps domicile & charity's principal place of biz are the same
- Releases from Liability - MSR to parties & transaction
3. Vicarious Liability - MSR to transaction
4. Dram Shop - if not in both states, hybrid
Damages: (presents substantive/procedural issue)
MSR - MSR to transaction
GI - state of Ps domicile
PA - greatest interest - domicile of P or decedent
Contributions among Joint Tortfeasors
MSR - law of case, unless both domiciled in same jd not place of injury, increased by special relationship
Survival & Abatement Actions: (sub/pro issue)
MSR
Wrongful Death:
1. General - MSR - place of injury, unless other MSR to parties & occurrence (often forum)
2. Who May Sue - determined by statute creating action
3. SoL - (sub/pro issue) - generally determined by statute creating action
4. Damages - limits determined by statute creating action
Multi-State Torts:
Injury occurring in more than one state, apply law of Ps domicile if one of those jds |
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Term
| CoL, PA Rules for Contracts |
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Definition
Express Choice of Law Prevails
- Exceptions (3):
1. Contrary to fundamental public policy of state w greater interest than chosen state
2. No reasonable basis for parties' choice and no substantial relationship between choosen jd and parties & transaction, provision not applied
3. Lack of true consent via fraud, mistake, or adhesion contract
No valid CoL Clause:
- MSR - Additional PP (5):
1. Place of contracting
2. Place of negotiating
3. Place of performance
4. K SM location
5. Domicile, residence, nationality, place of incorp, and place of biz
If place of negotiation and performance are the same, will generally be applied
Rules for Specific Ks:
Land - creation & transfer of interest - situs unless MSR
Sale of Chattels - place of delivery
Insurance - Life, insured's domicile at application; casualty, location of principal risk
Suretyship - law governing principal obligation
Repayment of Loans - location of repayment
Transportation - place of departure
Usurious - valid if upheld by ay significantly related jd
Exceptions:
Above applied unless MSR exists (except usurious)
Specific Issues in K:
- Validity
1. Capacity - MSR - domicile of party involved
2. Formalities - MSR - place of execution
3. Legality - MSR - MSR to transaction; unless performance illegal in state of performance OR illegal in forum state and enforce violates strong public policy, denied enforcement
4. Rule of Validation - law upholding K will apply where roughly equal relationships exist
- Performance
MSR - to parties & transaction
- Rights & Powers of 3d Parties
1. 3d Party Beneficiaries - MSR to parties & transaction
2. Assignment - MSR - assignability determined by law of MSR to parties & transaction; assignment K separate from original K |
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Term
| CoL, PA Rules for Property |
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Definition
Real Property:
- MSR to transaction, generally situs
Personal Property:
- Tangibles - MSR to transaction, generally situs
- Intangibles - MSR to transaction, generally domicile of debtor unless represented by tangible document, then treated as tangible for CoL
- UCC - generally covers CoL in statute
Administration of Trusts:
- Law of place administered |
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Term
| CoL, PA Rules for Inheritance |
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Definition
Real Property:
- Governed by Lex Situs - place land situated
Following issues are covered:
1. Will - capacity of testator, formal validity, revocation, & nature of interest conveyed
2. Rights of nonmarital or adopted children
3. Rights of surviving spouse
4. Escheat of land
Personal Property:
- Governed by deceased domicile at death; Issues include same as real property
Effect of Equitable Conversion:
treated as personalty interest; must first be valid will under lex situs |
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Term
| CoL, PA Rules for Family Law |
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Definition
Marriage:
- Generally, marriage valid where celebrated is valid everywhere; a marriage void where celebrated is void everywhere
- Exceptions - Violation of Prohibitory Rule of domicile of one of the parties, void if parties become immediately domiciled there
(i.e. Same-Sex Marriage)
- Annulment - place of celebration, sometimes MSR to marriage
Divorce - Ps domicile
Child's Status:
- Time of Birth - non-marital if parents not married at birth; presumption marital if married (mother's domicile determines ir/rebuttable)
- Change status - nonmarital to marital validity under father's domicile; MSR also okay with child's domicile
- Property Incidents - status important for rights to inherit
- Adoption - apply own local law to determine whether to grant, will be recognized by other states |
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Term
| CoL, PA Rules for Corporations |
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Definition
| MSR - state of incorporation for creations/dissolution and shareholder liability for assessments |
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Term
| Arguments Against Application of Foreign Law, Reasons (3) |
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Definition
1. Law is procedural
2. Law is against public policy
3. Law is penal or tax law |
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Term
| Substance-Procedural Dichotomy |
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Definition
Rule: A forum will always apply its own procedural rules (forum law determines procedural/substantive)
Civil Practice Rules:
1. State Cts
- Rules of practice & evidence are generally procedural
- Outcome determinative test
2. Fed Courts -
- Fed Ct applying state law, FRCP presumed to control unless state civil practice rule is substantive and applicable if it either: (i) abridges, enlarges, or modifies substantive right of parties or (ii) not w.in Congress's const. powers
Burden of Proof:
1. Traditional Rule - procedural
2. Presumptions
- Irrebuttable - substantive
- Rebuttable - traditionally, procedural; unless primary purpose is to affect outcome of litigation
SoL - Traditionally, procedural, with several exceptions:
1. Borrowing statutes
- Shorter time period applies, protect D & discourage forum shopping
- Foreign state is where claim accrued - Tort, injury; K, performance
- What is Borrowed - length of period and provisions relating to running period
2. Statute Conditions Substantive Right, then SoL is substantive
- Wrongful death - not a substantive part, but procedural
3. Contractual limitations - substantive & enforceable if valid under law governing K
4. Modern Trend - treat SoL like other issues
Statutes of Frauds - generally substantive and governed by law governing K
Parol Evidence Rule - substantive
Contributions among joint tortfeasors - substantive
Direct Action Statutes - ability to sue insurance company directly, procedural
Survival of Actions - upon death of P, substantive, and governed by otherwise governing law
Adverse Possession & prescription - time periods are substantive, situs
Counterclaims - procedural
Testimony regarding Privileged Communications:
- MSR - law of state having MSR with communication
- GI - greatest interest; gives great weight to state privilege arises
Damages:
- Generally, substantive and governed by otherwise governing law
- Statutory Limitations - substantive, wrongful death - procedural |
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Term
| Foreign Law Against Public Policy |
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Definition
MSR - forum state may refuse to apply if contrary to strong public opinion of forum; used sparingly after close scrutiny
GI - not a defense, pp considered in reaching decision which law to apply |
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Term
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Definition
MSR - prohibits application
Penal does not include wrongful death, statutory liability of directors/officers/shareholders of corps for corp debts
Won't enforce tax; will enforce revenue |
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Term
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Definition
MSR - prohibits application
Penal does not include wrongful death, statutory liability of directors/officers/shareholders of corps for corp debts
Won't enforce tax; will enforce revenue |
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Term
| Apply State or Federal: Fed Law in State Cts |
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Definition
Fed Law in State Cts:
1. Prohibition against Enforcing Fed Law - SMJ may reside solely with Fed Ct (antitrust, bankruptcy, copyright, patent)
2. Permitted to Enforce Fed Law - if no exclusive SMJ, state courts may exercise their concurrent jd
3. Requirement that Fed Law be Enforced - some fed statutes require states enforce federally created right, unless valid reason for not doing so
4. State's Power to Evade Enforcing Fed Right - may not be able to use procedure excuse if state law is stricter than fed law |
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Term
| Apply State or Federal: State Law in Fed Cts |
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Definition
1. Erie Doctrine - diversity of citizenship, fed dist ct must apply substantive law of state in which fdc sits including CoL rules
2. Procedural Law - fed cts apply fed procedural law
- Federal Directives - If fed law on point exists, it applies
- No Fed Directive on Point - Sub v. Procedural
If Sub - state law in diversity case
If Pro - may ignore state law
Tests:
- Outcome Determination - sub = substantial effect on outcome
- Balance of Interests - state/fed - which has greatest interest in applying rule
- Forum Shopping Deterrence - follow state law if failure to do so would cause flocking to fed ct |
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Term
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Definition
Traditionally, foreign law is fact and must be pleaded & proved
Judicial Notice - rather PA requires ct to take judicial notice of such law, treating it like law not fact |
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