Conflict of Laws

Alex Cooper
Mind Map by , created over 6 years ago

Conflict of Laws Mind Map on Conflict of Laws, created by Alex Cooper on 07/10/2013.

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Alex Cooper
Created by Alex Cooper over 6 years ago
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Conflict of Laws
1 RECOGNITION OF JUDGMENTS
1.1 Where party is seeking to have a judgment issued by another state or country recognised in NY
1.1.1 a) Sister state judgment
1.1.1.1 1) Entitled to Full Faith and Credit?
1.1.1.1.1 i) Jurisdiction must have been proper in the rendering state court
1.1.1.1.1.1 Only one chance to attack jurisdiction
1.1.1.1.2 ii) Judgment must be on the merits
1.1.1.1.2.1 Default judgments are made on the merits
1.1.1.1.3 iii) Judgment must be final
1.1.1.1.3.1 Future payments for "Modifiable Judgement" not final
1.1.1.1.4 Requirements evaluated according to rendering state law
1.1.1.2 2) Good Defenses?
1.1.1.2.1 Judgment is penal
1.1.1.2.1.1 Only where P is the state
1.1.1.2.2 Extrinsic fraud
1.1.1.2.2.1 Distinguish with intrinsic fraud - which could have been dealt with during the trial
1.1.1.3 3) Bad Defenses - warning!
1.1.1.3.1 Judgment is contrary to recognizing state's public policy
1.1.1.3.2 Mistakes of law and / or fact were made
1.1.1.3.2.1 Should have been appealed in rendering state's court system
1.1.1.4 Federal and state courts required to recognize one another's judgments
1.1.2 b) Foreign Country Judgments
1.1.2.1 Comity
1.1.2.1.1 i) Whether jurisdiction was proper
1.1.2.1.1.1 Minimum contact
1.1.2.1.1.2 ii) Whether fair procedures were used during the earlier litigation
2 CHOICE OF LAW
2.1

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