CONFLICTS
RECOGNITION AND ENFORCEMENT OF JUDGMENTS
Full Faith and Credit Foreign Country Judgments
Requirements: Recognized if:
1) Valid PJ and SMJ over both parties. 1) Proper jxn and
2) Judgment was final (not modifiable = future 2) Fair procedures used in the foreign country
alimony/child support) proceeding. Test: use recognizing state’s law, and
3) Judgment rendered on the merits (default/consent this means that state’s ideas of due process: were
judgments count). there enough contacts with the litigation or the
parties to make jurisdiction fair.
Defenses Invalid Defenses
Penal judgments: rendered for an offense against the 1) Tax judgments
public. Ex. criminal sanction or civil fine. Winner 2) Judgments based on c/as that violate forum’s
must be the government. public policy
3) Mistakes by the judge in the earlier trial (should
Extrinsic fraud: fraud that could NOT have been dealt appeal)
w/at earlier trial. Ex. bribing a judge. NOT intrinsic: 4) Inconsistent judgments: later judgments
fraud that could have been dealt with during the enforceable even if inconsistent w/a valid earlier
litigation. one. Enforce the LAST judgment in time.
FAMILY LAW JUDGMENTS
PJ and SMJ Divorce – need SMJ over one spouse
Consider PJ and SMJ for: Valid divorce requires proper SMJ (one of the two spouses must
1) The divorce decree itself be domiciled in state rendering divorce).
2) Property awards: maintenance and child
support. If one spouse is validly domiciled where divorce is granted:
3) Child custody awards. 1) Ex-parte divorce ok
2) Bilateral divorce ok if both spouses are subject to PJ there.
3) Consent divorce ok
Burden of Proof Estoppel
Party attacking validity of the divorce bears Any interested person not estopped can attack a divorce decree
the burden of proof. Can introduce any for lack of SMJ. Strangers to the marriage can’t attack it.
relevant evidence, even if evidence came into
existence after the divorce was granted. Plaintiff estopped if:
1) Attacker was subject to PJ in the earlier proceeding
2) Attacker may not have been subject to PJ in the earlier
Property Awards – need PJ spouse proceeding, but played a meaningful role in the granting of
Court must have PJ over spouse whose the divorce.
property rights are in issue. Else, any awards 3) Persons in privity with a party to the divorce (includes
are invalid. children)
4) Spouse who remarries in reliance on the earlier divorce.
Child Custody Decree – need PJ over child Divisible Divorce
Valid jxn for determining child custody is Keep what is valid, ignore the rest. Ex. if valid SMJ over one
child’s home state. spouse but no PJ over property, divorce is still valid.
DOMICILE
Issues Choosing Domicile
1) Domicile of decedent determines the law applied Legal capacity +
for intestate succession of personal property. 1) Physical presence in that state.
2) Domicile at death determines which state gets 2) Intent to remain for the indefinitely foreseeable
estate taxes. future.
3) Domicile gives SMJ for a divorce
4) Domicile is very important when applying New Actions speak louder than words; what you do counts
York choice of law rules for more than what you say when intent is concerned.
Domicile by Law Motive is IRRELEVANT.
No capacity:
1) Domicile of a child. Child’s domicile = parents. If Only one domicile and once obtained, a domicile
parents are divorced, domicile is that of the remains until another one is acquired.
parent who has physical custody of the child.
2) Domicile of a married woman living apart from
her husband in a different state is her domicile.
CHOICE OF LAW
Vested Rights Approach Interest Analysis Approach: Babcock Approach
Apply the law to where the plaintiff’s rights vested. 1) List the facts connected w/each state
2) Note the difference in state laws in issue.
Torts: the instant a c/a arises plaintiff’s rights become 3) Find out the policies underlying each state’s law
vested (law where the INJURY occurred, or the place (find out which state’s law would favor the P and
of the wrong, his is NOT the place of the negligence). which would favor the D)
4) Compare the facts w/the policies to see if the state
Contracts: rights under a K vest at the moment the K has an interest in seeing its law applied. If the
is made (law of the place of making of the K). party being favored by a state’s law reside in that
state, that state has an interest.
5) Apply the law of the state with the greatest
governmental interest in the outcome.
Torts + Neumeier
1) If P & D are domiciled in same state, apply that
state’s rule.
2) If P & D are domiciled in different states, then if
the laws of the place of the accident helps its
citizen, apply that state’s law.
3) If P & D are domiciled in different states, then if
the laws of the place of the accident DOES NOT
help its citizen, still apply that state’s law unless
the other jxn has a greater interest in the
outcome.