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what are rendering and recognizing states
- rendering - making judgment
- recognizing - enforcing it
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full faith and credit requirements(3)
- proper Jx
- judgment on the merits (D.J. = merits)
- final judgment
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defenses to FFC (2 good 3 bad)
- G: penal / extrinsic fraud
- B: tax judgemnt, pub pol, mistakes of law or fact
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what is comity?
recognizing forgein judgments if due process (JX/sham procedures)
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divorce decrees (2)
- proper JX if one was domiciled in rendering state
- estopped? (personal jx, meaningful role, privity w/ parties, marry/remarry)
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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
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what is the divisible divorce doctrine
if valid divorce decree but ancillary not (prop/cust) SEVERABLE. D valid, anc not
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who lacks domicile capacity
- infants (D with parents)
- mental incompetnets (D with parents)
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which state law governs (3)
- vested rights
- most sig. relationship
- governmental interest
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vested rights approach (4)
- substantive area involved
- vesting rule (PISSED)
- who wins and result
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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"
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gov interest approach opener
"will apply its own law as long as it has a legitimate interest in the outcome of the litigation. If it it has none, this is a false conflict and will apply the law of another state"
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workers comp and double collection
can, but previous forum award will be credited towards new one
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reasons to invalidate forum selection clause(2)
- state has no reasonable relationship
- no mutual assent
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what is the proper law for divorce
no choice of law issues, always applies own forum divorce laws
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what is the prohibitory rule
no FFC if go to another state to get married and it is prohibited to avoid the prohibition.
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which domicile rules for legitimization
- maj: father's domicile
- MT: fathers or child's
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which stat lit rule applies
treated as procedural, therefore state applies its own
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exceptions to state applying own stat lit(2)
- borrowing statutes: if exists, will apply the "shorter" time limit
- if statute applies a substantive right, have to apply stat lit too
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PISSED for vested
- performance
- injury
- situs (real prop)
- situs at transaction (inter vivos tx)
- execution (formation)
- domicile of decedent at death
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