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Pages From Barbri Conviser Conflict Laws
Pages From Barbri Conviser Conflict Laws
CONFLICT OF LAWS
CMR
APPROACH FULL FAITH AND CREDIT
CHART
No
Did the rendering court have jurisdiction
over the parties and the subject matter?
Yes
V
Is the judgment on the merits (i.e., it
involves the substance of the claim rather No
than procedural matters)?
Yes
V
Are there any defenses to full faith and
credit? Yes
-Judgment is penal.
-Judgment was obtained through
extrinsic fraud.
No
No
V
Is person present in the location Yes
Domicile by choice
with the intent to remain there established
indefinitely?
No
PropertyReal property—situs.
Personal property—
Adoption—forum.
Note: The "governmental interest" approach does not vary according to the
substantive area of law.
CONVISER MINI REVIEW 17.
1. Substance/Procedure Dichotomy
The law of the forum is usually employed to determine whether a law is substantive or
procedural. A forum will always apply its own procedural laws.
CMR
SUMMARY PROCEDURE VS. SUBSTANCE
CHART
Procedural Substantive
✓ Civil practice rules in general ✓ Civil practice rules that would change
outcome
✓ Burden of proof in general
✓ Survival of actions
✓ Adverse possession
✓ Damages