Conflict of Laws – MEE Exam Questions With Correct Answers
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Course
Conflict of Laws
Institution
Conflict Of Laws
Conflict of Laws – MEE Exam Questions
With Correct Answers
Preliminary points - answer-Look for connections to multiple states
2 Testing areas:
1. Recognition of judgments
2. Choice of law
Two conditions for recognition of judgments - answer1. Judgment rendered by court in
RENDERING jurisd...
Conflict of Laws – MEE Exam Questions
With Correct Answers
Preliminary points - answer✔✔-Look for connections to multiple states
2 Testing areas:
1. Recognition of judgments
2. Choice of law
Two conditions for recognition of judgments - answer✔✔1. Judgment rendered by court in
RENDERING jurisdiction
2. Party wants judgment recognized by court in RECOGNIZING jurisdiction
Why plaintiffs seek recognition - answer✔✔-Access enforcement mechanisms in recognizing
state
Why defendants seek recognition - answer✔✔Prevent plaintiff from re-litigating claim or issue
Two-part analysis - answer✔✔1. Was the rendering jurisdiction a sister state or a foreign
country?
2. Is the judgment entitled to full faith and credit or comity?
Analysis for sister states - answer✔✔1. Are the requirements of full faith and credit satisfied?
2. Are there any valid defenses?
Analysis for foreign country - answer✔✔Is the foreign judgment entitled to comity
Requirements for full faith and credit - answer✔✔1. Jurisdiction (personal and subject matter)
2. Judgment must have been on the merits
3. Judgment must be final
Jurisdiction for full faith and credit - answer✔✔CANNOT challenge jurisdiction if fully and
fairly litigated
, EXAM STUDY MATERIALS 8/7/2024 11:29 AM
Usually only relevant if there was a default judgment in the other state, since the defendant
would not have challenged nor waived
Merits for full faith and credit - answer✔✔NOT on the merits
-Time bars (statutory limitation)
-Lack of jurisdiction
-Misjoinder
-Improper venue
MAYBE on the merits
-Failure to state a claim
ALWAYS on the merits
-Default judgment
-Settlement
Finality for full faith and credit - answer✔✔NOT final
-Modifiable decrees
-Appeals (generally)
FINAL
-Past due payments on decrees
Who's law applies to if the three requirements of full faith and credit are satisfied? -
answer✔✔The RENDERING state's law
VALID defenses available to full faith and credit - answer✔✔-Penal judgments (plaintiff was the
state) are NOT enforced, unless tax judgment
-Judgment based on extrinsic fraud (fraud that could not be corrected during proceedings, like
judge was bribed)
INVALID defenses available to full faith and credit - answer✔✔-Public policy
-Misapplication of law
Questions asked when looking at comity - answer✔✔1. Did the foreign court have Jurisdiction?
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