Conflict of Laws Flashcards

For a sister state judgment to receive full faith and credit, the rendering court must have had:

Answer: Both subject matter jurisdiction and personal jurisdiction

Full faith and credit requires that the rendering court had both subject matter jurisdiction over the dispute and personal jurisdiction over the defendant; a deficiency in either defeats the obligation to recognize the judgment.

Which of the following is NOT a recognized defense to enforcement of a sister state judgment?

Answer: The rendering court decided the merits incorrectly

Full faith and credit prohibits re-examination of the merits; the only recognized defenses are jurisdictional defects, fraud in obtaining the judgment, and due process violations.

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a state has initial jurisdiction over a child custody determination if it is the child's:

Answer: Home state, where the child lived for at least six consecutive months immediately before proceedings began

Under the UCCJEA, the child's 'home state' — where the child lived for six consecutive months immediately before proceedings were commenced — has primary jurisdiction over initial custody determinations.

The penal law exception in conflict of laws provides that a forum state will:

Answer: Refuse to enforce another state's penal laws or collect another sovereign's taxes

The penal law exception holds that courts will not enforce the penal statutes or revenue (tax) laws of foreign states, as those reflect sovereign power peculiar to the enacting state.

Delaware courts apply which choice-of-law approach in tort cases?

Answer: The Second Restatement most significant relationship test

Delaware follows the Second Restatement's most significant relationship test for choice of law in tort cases, weighing factors such as place of injury, conduct, domicile, and the relationship between the parties.

The constitutional standard for personal jurisdiction over a nonresident defendant, established in International Shoe Co. v. Washington (1945), requires:

Answer: Minimum contacts with the forum state such that jurisdiction does not offend traditional notions of fair play and substantial justice

International Shoe established that due process requires minimum contacts between the defendant and the forum state so that requiring defense there does not offend traditional notions of fair play and substantial justice.

Characterization (or classification) in conflict of laws is the process of:

Answer: Identifying which legal category an issue belongs to — such as tort, contract, or property — which then determines which choice of law rule applies

Characterization is the threshold step of deciding which legal category an issue falls into (e.g., tort vs. contract vs. property) because different choice of law rules govern each category.