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Summary UBE - Conflict of Laws (Notes)
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Recognition of Judgments Choice of Law Domicile
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CONFLICT OF LAWS1) Recognition of Judgments
Where a party won a judgment in one state (rendering state), he can enforce that judgment in another
state (recognising state) to prevent the other party from enforcing a claim against that party in that
other state based on the judgment. This requires satisfaction of full faith and credit under the Due
Process Clause of the US Constitution. This requires three elements. Firstly, the rendering state must
have had PJ, SMJ and proper venue. However, if the judgment was previously challenged and fully
litigated, such requirements will not be required. Secondly, the judgment must have been entered on
the merits, rather than on procedural matters like PJ, venue or others. Lastly, the judgment must have
been finalised. This can still include future instalments to be paid by the defendant. The effect of
enforcing a judgment in a sister state is to assert res judicata, preventing another party from enforcing
a similar claim if judgment was already made on the same claim. However, enforcement may be
denied if the opponent can demonstrate that it would offend public policy or extrinsic fraud is
involved. However, tax judgments are still enforceable, as well as where the judgment involved a
mistake of fact or law.
2) Choice of Law
Where there is a conflict between the various laws that are applicable to a case, the applicable law
may be determined based on the substantive issue involved.
Under the First Restatement, the court can apply the ‘Vested Rights’ analysis. Firstly, the court must
determine the substantive issue involved, such as torts, contract or property. Secondly, the court must
determine which state’s law must be applied based on the issue. Lastly, the court must localise that
law and apply it to the case. This does not necessarily mean the law of that state governs the case. It
is the law that is determined by that state’s law which will govern. However, such a law may not have
to be applied to resolve all the issues in the case, in which different laws can be applied instead under
the concept of depecage. For example, tortious cases require the place of injury’s law to be applied.
Contract cases require the law of the place of performance to be applied where performance issues
are involved, or the place of execution of the contract to be applied where formation issues are
involved. However, contract cases generally require an existing law applicable under the contract’s
provision to be applied. But courts can depart from this provision if the parties never gave true mutual
assent as to this provision, that state’s law has no connection with the issue of the case, or the
provision is contrary to public policy. Property cases depend on the type of property involved. For
real property, the law of the location where the property is located must be applied (the situs), unless
another test is applied to determine the law. For personal property in inheritance cases, the law of the
deceased’s domicile at the time of his death must be applied. However, that state’s conflict of law
rules may require the application of another state’s law under the concept of ‘renvoi’. For inter vivos
transactions, the law of the state where tangible objects are located must be applied, but intangible
objects like bonds or promissory notes are where the debtor’s domicile is located.
Under the Second Restatement, the court can apply the ‘Most Significant Relationship’ test. The court
must initially look at the connecting facts of the case. This could include the domiciles of the parties
or corporations, the place of injury in tortious cases, the place of performance or contract negotiations
in contract cases. If the connecting facts are based in a similar state, that state’s law should be applied.
If there are multiple states, the court should then apply the public policy principles of the states to
look at the needs of the states, their public policies regarding the issue, or a requirement for uniformity
of the laws or the results of applying the laws.
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