I.

FULL FAITH AND CREDIT OF JUDGMENTS

TRIGGER: 2 JURISDICTIONS (state v. state or state v. federal) ASSERTING RULES, LAW, REGULATIONS, STATUTES, CASE LAW, JUDGMENTS ETC 3 TOPICS ON EXAM: 1) PERSONAL JURISDICTION POWER OVER PARTIES TO THE SUIT 2) CHOICE OF LAW CHOOSING B/T COMPETING LAWS OF COMPETING
JURISDICTIONS

3) RECOGNITION OF JUDGMENTS EFFECT OF ONE JURIS. RECOGNIZING ANOTHERS JUDGMENT 1. HAVE THE FF&C REQUIREMENTS BEEN MET? ***Determined by the law of the state that RENDERED the judgment A. Proper Jurisdiction
1) SMJ over case AND 2) PJ over Def. OR AT LEAST given full and fair opportunity to challenge it jurisdiction

B. Judgment on the Merits

1) Not on the merits if based on :
(1) Lack of jurisdiction over defendant (2) Plaintiffs lack of capacity to sue (PA treats this as on the merits) (3) Misjoinder of parties or causes of action (4) Improper venue (5) SOL

2) Default and consent judgments

(1) Give rise to merger and bar, but not collateral estoppel

3) Demurrer for Ps failure to state a claim OK if they are not able to amend to allege cause

C. Judgment is Final
1) No further judicial action by rendering court necessary to resolve
(1) Modifiable judgments not final (2) So child support payments are modifiable as to future installments but sister state can enforce past due payments 2. IS THERE A SUFFICIENT DEFENSE TO FULL FAITH AND CREDIT

A. Penal judgment, which does not need to be enforced B. Equitable Defense judgment obtained by extrinsic (not intrinsic) fraud, fraud on the court 3. RES JUDICATA EFFECTS (USE RENDERING COURTS R.J. LAW) A. Merger of Ps cause of action into judgment if P prevailed B. Bar against P suing on same action if D prevailed C. Res Judicata under PA law,
1) Judgment final 2) F1 judgment involves same cause of action as F2 suit
(1) F2 must involve same subject matter and same ultimate issue OR (2) F2 seeks relief for same harm

3) F2 involves same parties or their privies (successor in interest, holders of future interests, or beneficiaries)

D. Collateral Estoppel as to an issue of fact decided in 1st suit (issue preclusion)

1) Must be actually litigated and determined in 1st and essential to 1st outcome 2) MUTUALITY- New party to subsequent action can claim collateral estoppel if:

(1) Party against whom invoked was a party or in privity with a party to prior action, and party had full and fair opportunity to litigate the issue 4. ENFORCEMENT OF THE JUDGMENT

A. If it passes the tests, MUST be enforced, even if erroneously granted. B. Law of recognizing state governs method of enforcement
1) Usually bringing an actin on the judgment in that state

5. JUDGMENTS OF FEDERAL COURTS AND ADMINISTRATIVE TRIBUNALS A. judgments of admin tribunals generally entitled to FF&C B. FF&C has, by statute been made applicable to Fed. Courts C. Recognition REQUIRED between state and Federal Courts and between 2 federal courts

II.

PERSONAL JURISDICTION

1. SPECIFIC JURISDICTION QUALITY OF CONTACTS A. Defendant has minimum contacts B. Suit arises out of or is related to Ds contacts with forum (Quality of contacts, not quantity) 2. GENERAL JURISDICTION A. If not arising out of Ds contacts, contacts are SUFFICIENTLY NUMEROUS (Continuous and systematic activity w/in forum) 3. EVEN IN FED. COURT, LOOK TO CONTACT W/ STATE WHERE COURT SITS

III. RECOGNITION OF FOREIGN COUNTRY JUDGMENTS

1. COMITY PRINCIPLE A. Voluntary recognition that is discretionary based on:
1) Whether foreign court has jurisdiction 2) Fair procedures were used in adjudicating case 3) Sometimes based on RECIPROCITY

B. Uniform Foreign Money-Judgments Recognition Act

1) Judgments granting or denying recovery of money 2) Does not include: tax, penal, or judgments for alimony and support

IV. RECOGNITION OF DIVORCE JUDGMENTS

1. DOMICILE OF PARTIES (SUBJECT MATTER JURISDICTION) A. 1 spouse is domiciled in state granting divorce B. In PA, not entitled to bring divorce action unless at least 1 party has been a bona fine resident for >6 months prior to commencement 2. EX PARTE DIVORCES A. Rebuttable presumption that domicile (SMJ) met. B. Person attacking has BOP
1) May introduce evidence as to relevant facts occurring after divorce EX:
(1) Return to prior homes state

C. Lack of Jurisdiction
1) If recognizing state w/ jurisdiction over both parties, decides ex parte divorce void for lack of jurisdiction, will not give FF&C

3. CONSENT DIVORCES (BILATERAL) A. Cannot consent to jurisdiction

1) Personal jurisdiction over both spouses not enough

2) 1 spouse has to be domiciled + personal jurisdiction over both = FF&C

4. ESTOPPEL AGAINST COLLATERAL ATTACK A. any interested person (not a stranger) may collaterally attack validity of another states divorce, except those estopped:
1) parties to prior proceedings 2) privies of parties 3) person who accepts foreign divorce and remarries in reliance

5. ALIMONY, PROPERTY RIGHTS, AND CHILD CUSTODY A. Bilateral Divorce

1) Conclusive as to alimony and property rights

B. Ex Parte
1) Serves only to grant divorce 2) Will not affect property rights or rights to support 3) May decide rights as to marital property w/in state, if:
(1) State has sufficient minimum contacts w/ the D and the prop.

C. Doctrine of Divisible Divorce

1) Support and Property Rights must be decided by a court w/ personal jurisdiction over both parties

D. Custody
1) UCCJEA ex parte custody decision enforced if rendering state is childs home state

6. RIGHT TO REMARRY A. Majority View- parties w/ valid divorce decree in 1 state may remarry in new state, despite rendering states prohibition of such remarriage 7. FOREIGN COUNTRY DIVORCE JUDGMENTS
1) will extend where domicile requirement met 2) as to ancillary matters ( alimony, prop. Distribution) usually same as for foreign states

V.

DETERMINING DOMICILE

1. DOMICILE OF CHOICE A. Physical presence AND B. Intention to be domiciled

1) Intends to remain indefinitely
(1) Will not look to underlying motive (2) Can change domicile if both requirements met (3) If more than one dwelling, look to principal home

2) New domicile may be acquired in very short amount of time if INTENT

(1) Do not confuse intent w/ motive motive can be bad as long as intent present

3) Person retains present domicile until he perfects 2 part test 4) Corporations domiciled in state of incorporation

2. DOMICILE BY OPERATION OF LAW A. where a person bears a certain legal incapacity

1) Married Women
(1) Historically, domicile was that of her husband. Could obtain separate domicile after separation. Modern trend toward own domicile

2) Infants
(1) Martial child fathers domicile (mothers if father dead) (2) If parents divorced or separated custodial parent (3) Minor has separate domicile if married or emancipated

3) Incompetents
(1) Retain domicile of parents

4) Domicile of Origin

(1) Assigned at birth. If marital child, domicile of father. If nonmarital, domicile of mother

VI. LIMITS ON FREE CHOICE OF LAW

1. CONSTITUTIONAL LIMITATIONS A. Due Process Clause and Full Faith and Credit Clause
1) If forum state has any SIGNIFICANT CONTACTS w/ the parties of subject matter of action, where it has a LEGITIMATE INTEREST in the outcome, it is NOT BOUND to apply a foreign states conflicting law 2) Absent significant contact, state may refuse to apply. Ex: penal laws, tax claims etc

2. STATUTORY LIMITATIONS A. states have their own statutes governing which law applies in a given case B. Federal law may also preempt a state from taking jurisdiction over certain subject matter

VII. CHOICE OF LAW- 3 APPROACHES (B/T STATES)

1. VESTED RIGHTS APPROACH OF 1ST RESTATEMENT (TRADITIONAL APPROACH) A. CHARACTERIZE AREA OF SUBSTANTIVE LAW
1) Generally forum characterizing will use own law for characterization

B. DETERMINE PARTICULAR CHOICE OF LAW RULE C. LOCALIZE THE RULE TO BE APPLIED D. Basically, where did the right to sue vest? 2. MOST SIGNIFICANT RELATIONSHIP TEST OF 2ND RESTATEMENT A. Consider connecting facts (specific contacts w/ each juris.Quality approach) AND B. policy-oriented principles:
1) What are the needs of the interstate or international systems 2) What are the relevant policies of the forum 3) What are the policies and interests of other interested jurisdictions 4) Are the justified expectations of parties to be protected 5) Basic policies of underlying substantive field of law 6) Will application of a given law aid certainty, predictability, and uniformity 7) May the determination and application of a specific law be made with ease

C. Court is to apply law of juris. w/ most significant relationship to dispute 3. GOVERNMENTAL INTEREST APPROACH A. Assume the forum will apply its own law, if party requests other law be used: B. Identify policies expressed in competing laws through ordinary processes of construction and interpretation C. Then ask whether forum has any interest in suit (policies relevant to facts of dispute)
1) If no, false conflict forum applies other states laws 2) If yes, but other state also has interest true conflict
(1) Must RECONSIDER its own policies (2) If still finds it has an interest, apply its own laws

3) If it is a Disinterested forum (no interest in applying own law, but 2 or more states have legit. Competing interests):

(1) Forum non conveniens available (better forum), dismiss case (2) If Forum non conveniens not available: (a) Make its own value judgment as to which of the other 2 states w/ interests law is better OR (b) Apply law of state which most resembles forums

4) Unprovided for case (no state has legitimate interest)

(1) approach unsettled, but most apply law of forum

4. PENNSYLVANIA APPROACH A. Used to be Vested Rights B. Current: HYBRID of most significant relationship and govt interests
1) 1st: Looks to law of state with greatest interest 2) those contacts that relate QUALITATIVELY to the underlying interests ONLY are relevant

PA CHOICE OF LAW APPROACH ON EXAM 1) START WITH BRIEF DESCRIPTION OF PA APPROACH 2) IDENTIFY COMPETING STATE LAWS AND THE GOVERNMENTAL 3)
INTERESTS THE LAWS REPRESENT DETERMINE WHETHER A TRUE CONFLICT (POLICIES ARE ACTUALLY IMPLICATED IN CASE)

a.

APPLY THE LAW OF STATE W/ GREATEST INTEREST (BASED ON QUALITATIVE CONTACTS) USUALLY STATE W/ MOST SIGNIFICANT RELATIONSHIP W/ DISPUTE

i. LIST THE CONNECTING FACTS. RELEVANT CONTACTS B/T EACH STATE AND PARTIES AND SUBJECT MATTER ii. WEIGH THE CONTACTS ACCORDING TO 7 POLICY
ORIENTED FACTORS

4)

OR FALSE CONFLICT

a.

APPLY LAW OF STATE WITH LEGITIMATE INTEREST

VIII. CHOICE OF LAW - AREAS OF SUBSTANTIVE LAW

1. 7 POLICY PRINCIPLES EQUALLY IMPORTANT, REGARDLESS OF AREA OF LAW 2. GOV. INTEREST APPROACH SAME UNDER EVERY AREA OF LAW 3. PA 1ST APPLIES ITS OWN APPROACH BUT MAY BORROW FROM THESE SPECIFIC
CHOICES OF LAW 4. TORTS 2ND RESTATEMENT

A. Generally:
1) Place of injury (most important) 2) Place where conduct causing injury occurred 3) Domicile, residency, nationality, place of inc., place of business 4) Place where relationship b/t parties is centered

B. Liability (cause of action)

1) Most significant relationship to: parties and occurrence 2) Govt interests: look to forum state, assuming it had a legit. Interest

C. Liability (defenses)
1) PA (no guest statutes) hesitant to apply another states statute where it would deprive their residents of remedy

2) Will apply states guest statute if other state has most significant relationship to TRANSACTION OF THE PARTIES 3) Intrafamily tort defense governed by law of the state of common domicile 4) Charitable Immunity look to place of injury and conduct to determine which has the most significant relationship (except where charitys principal place and plaintiffs domicile is the same)

D. Vicarious Liability
1) State w/ most sign. Relationship to TRANSACTION

E. Damages
1) Most significant relationship to: transaction 2) Governmental Interest: states w/ greatest interest
(1) Plaintiffs domicile always has legitimate interest

F. Contribution Among Tortfeasors

1) Law of the place most significantly related to CASE
(1) If both or all tortfeasors have same domicile, this usually wins

G. Survival and Abatement of Actions

1) Law of state w/ most significant relationship

H. Wrongful Death
1) Law of state w/ most significant relationship 2) Govt interest: forum usually finds own laws then damages etc are also determined under that states statute

I. Multiple state Torts

1) Where tort injury occurs in multiple states, usually law of Ps domicile, if injury also occurred there

5. CONTRACTS A. Express Choice of Law

1) Express choice of law within contract will prevail UNLESS
(1) Contrary to public policy(or fundamental policy of state w/ greater interest) (2) No reasonable basis for choice (3) No substantial relationship to parties or transaction (4) True consent not given (fraud, mistake, adhesion contracts)

2) PA UCC says choice of law provision in K for goods governs as long as bears a reasonable relation to transaction

B. No Express Choice of Law

1) 7 policy factors 2) place of contracting, negotiation and performance
(1) where negotiation and performance the same, that law prevails

3) where the K subject matter is located 4) domicile, residency, inc.etc of parties

C. choice of forum clauses

1) PA Modern view court of proper juris. And venue should decline to proceed where parties have freely agreed to another forum
(1) Must be Reasonable at the time of litigation (mere inconvenience does not count)

D. Specific Kinds of Contracts

1) Land law of situs 2) Personalty law of place of delivery 3) Life insurance law of insureds domicile 4) Casualty insurance location of insured risk 5) Loan place where repayment is required 6) Suretyship law governing principal obligation 7) Transportation place of departure

(1) SUBJECT TO EXCEPTION THAT IF OTHER FACTS SHOW MORE SIGNIFICANT RELATIONSHIP TO OTHER STATE

E. Govt Interest approach equally applicable to K law F. Validity of K Issues

1) Capacity of party- domicile of incapacitated party 2) Legality of K governed by law where K was made
(1) If performance illegal in state where made, invalid

G. Performance Issues
1) State w/ most significant relationship

H. Rights and Powers of 3rd Parties

1) State w/ most significant relationship

6. PROPERTY A. Real Property

1) Law of situs, unless dif. State more significantly related 2) Gov interest: places less emphasis on situs

B. Personal Property
1) Law of situs at time of relevant transaction 2) If intangible situs of debt (debtors domicile)
(1) Intangibles represented by documents, treated as tangibles

3) Domicile of spouse or of a deceased replaces situs for transfers by operation of law upon marriage or death

C. Administration of Trusts
1) Law of place where trust is administered

D. Inheritance
1) Transfer of real property by intestacy or will lexsitus
(1) Validity of wills (2) Rights of nonmarital or adopted children (3) Marital rights in land

2) Personal Property deceased domicile at date of death

7. FAMILY LAW A. Marriage

1) If valid where celebrated, valid everywhere EXCEPT
(1) Prohibitory Rule - If prohibited in one parties domicile and H&W immediately return and become domiciled

2) If void where celebrated, void everywhere

(1) States could still recognized it

3) Directory v. Prohibitory Rules

(1) Directory administrative in nature (license, parental consent etc.) (a) Will not render invalid in place of domicile (2) Prohibitory against strong public policy (incest, bigamy, same-sex etc) (a) Will always be invalid, if invalid in domicile

4) Annulment law where marriage was celebrated

B. Divorce
1) Law of Ps domicile

C. Childs Status
1) Change from nonmarital to martial fathers domicile
(1) Recent approach childs domicile (2) 2nd R (for prop. Incidents) law of state creating childs status, unless contrary to public policy

D. Adoption
1) Applies forum law, unless ?of prop. Incidents, then same as above

8. CORPORATIONS

A. law of state of incorporation to determine liabilities of O&D, SH and issues related to creation and dissolution

IX. ARGUMENTS AGAINST APPLYING FOREIGN LAW

1. LAW TO BE APPLIED IS PROCEDURAL A. Law of forum used to determine whether substantive or procedural B. Forum will always apply its own procedural law C. So try to characterize law as procedural 2. LAW IS AGAINST FORUMS PUBLIC POLICY A. Should be used sparingly B. Govtl interest does not incorporate this defense (already considered it) 3. STATUTE OF LIMITATIONS
1) Borrowing Statute should apply shorter of 2 competing SOL

4. LAW IS PENAL OR TAX LAW A. 2nd R prohibits only penal B. NOT considered penal:
1) Wrongful death 2) Statutory liability of O&D, SH for corp debts

X.

STATE OR FEDERAL LAW? (APPLY ERIE)

1) Fed. Antitrust 2) Bankruptcy 3) Patent laws

1. FEDERAL LAW IN STATE COURTS A. Areas where fed. Courts ONLY have SMJ

B. Presumed to possess concurrent jurisdiction to enforce fed laws

1) Unless congress made clear its intent that fed courts posess exclusive juris 2) Some fed, statutes direct state courts to enforce (Fed. Employers Liability Act)

C. Fed. Statutes: Supremacy clause dictates fed. Law govern D. FRCP should govern
(1) State courts must enforce, unless valid reason for refusing

2. STATE LAW IN FEDERAL COURTS A. no federal general common law B. Diversity cases apply substantive law of state where district sits (including conflict of laws rules) C. Will always apply Fed. Procedural law 3. DETERMINING WHETHER PROCEDURAL OR SUBSTANTIVE A. Outcome determination subst. if it substantially effects outcome B. Balance of Interests
1) State or federal judicial system have greater interest in having its rules apply?

C. Forum shopping deterrence

1) Fed. Judge should follow sates law on issue if failing to do so would cause litigants to flock to Fed. Court

D. Ex. Of Procedural
1) Civil proc. Rules in general 2) BOP in general 3) Rebuttable presumptions 4) SOL in general 5) Direct Action statutes 6) Ability to bring counterclaims

E. Ex. Of Substantive
1) Civil proc. Rules that would change outcome 2) Irrebuttable presumptions 3) SOL that condition substantive right or limit contractual right 4) Statute of frauds 5) Parol evidence rule 6) Contribution among tortfeasors 7) Survival of actions 8) Adverse possession 9) damages

5) PA TAKES JUDICIAL NOTICE OF SISTER STATE, FEDERAL , AND FOREIGN

LAWS AS LAW RATHER THAN FACT