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Terms in this set (12)
Threshold: Full Faith and Credit?
Sister State judgment gets Full Faith and Credit if requirements satisfied, and no defenses
Reqs: EVALUATED ACCORDING TO RENDERING STATE LAW***
(1) Jurisdiction proper (cannot be attacked if already attacked)
(2) On the merits (e.g. NOT SOL, PJ) (but YES re: default judgment)
(3) Judgment FINAL (e.g. NOT on appeal)
- Modifiable judgment - not to extent of future payments
• Judgment penal (punishing offense against the public, pros. by state/gov; heavy punitive damages not enough)
• Extrinsic fraud (i.e. could not have been dealt with in the earlier trial)
BAD DEFENSES: Public policy; mistakes of law/fact
Foreign Country judgments
Full faith and credit N/A
Basis of recognition: COMITY. Treated similarly as sister states, except we look for whether our FAIRNESS standards met:
- Whether jurisdiction proper (minimum contacts), and
- Fairness of procedures (i.e. NOT sham)
Federal/State ct judgments
By statute, federal and state courts are required to recognize one another's judgments. Treated as sister stated.***
BAR EXAM FAV
Intent to be domiciled there
Choice of Law
The COL will be selected by the forum court (NY) using ITS (NY's) choice of law approach, subject to constitutional and statutory limitations.
• Constitutional limitations: where state has no significant contacts or no legitimate interest in the litigation. Almost never happens.
• Statutory limitations:
- If Fed. D. Ct. sitting in diversity, ct. will apply "conflicts" rules of state where located.
- If transferred from another district, conflict rules of transferor state.
Choice of Law: NY Approach -- Interest Analysis
Babcock v. Jackson: Interest Analysis
(abandoning Vested rights -- i.e. situs approach)
*** What interest each state has in outcome of litigation.
(1) False conflict: only one state has interest, apply it's law
(2) True conflict: both states have interest; if forum has "legitimate" interest in outcome, apply its own. Almost always NY
Choice of Law - NY: Torts
If parties have common domicile, that state's law governs.
If diff. domicile, place of injury (unless no real interest).
Choice of Law - NY: Contracts
If valid express COL provision, it governs! Make sure its valid!
Rx to invalidate:
- Law selected has no rx'able relationship to the K (parties must choose state with relationship)
- No true mutual assent
NY Special rules: If K 250K or more, it can choose NY even if no connection. If for 1M or more, parties may put in clause that courts are forbidden from dismissing for FNC
If no provision, INTEREST analysis. I.e. NY, so long as NY has legitimate interest.
COL for Automobile Insurance Contacts
Governed by state where policy written!
COL - NY: Property (easy)
Real property: SITUS
- Intervivos: Situs at transaction
- Inheritance: domicile of decedent at death
COL - NY: Marriage
If marriage valid where performed, valid everywhere including NY.
BUT, where domicillaries of one state temporarily leave to go elsewhere to avoid prohibitory rule, their state of domicile will not recognize the marrriage.
* Divorce: NO COL rules. Forum always applies its own.
• legitimacy: Father's domicile. But modern trend: valid if either father's child's domicile.
Defenses to COL: Substance/Procedure
NY will use its COL analysis for substantive law. But if its procedure, it will simply apply its own.
"The issue is whether the X is substantive or procedural, for if it is procedural, the NY court will apply its own law."
- SOL: PROCEDURAL!!!!!
Borrowing statute (shorter)
Condition on substantive right is SOL
Sets with similar terms
NY Conflict of Laws NOT FINAL
Conflicts of Law - UBE outline
MEE Conflict of Laws
Conflict of Laws
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