Guide Report for Conflicts of Law

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    3-APPLICATION--Why apply the foreign law?

    TO AVOID UNJUST RESULT

    --function1 reject2 accept; only internal laws

    3 accept; internal laws + foreign laws

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    4-COMITY--originated in the Netherlands

    --PRINCIPLE OF RECIPROCITY orRECIPROCAL COURTESY--application is proper because n/awould constitute a Disregard ofForeign Sovereignties, LACK OF

    COMITY--by its definition.--signifies COURTESY of one statetowards another--allowing the law of one state to

    operate within its territory

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    5-hilton/Johnston--hilton

    FACTSISSUE--US courts need NOT GIVE the

    judgment rendered by the Frenchcourt CONCLUSIVE EFFECT becausethere was NO RECIPROCITY on the

    part of France--because only reviewable upon themerits--judgment is not entitled to beconsidered conclusive, but are prima

    facie evidence only of the justice ofthe plaintiffs claim--reciprocity was employed w/ note ofVENGEANCE

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    5-johnston--FACTSISSUE

    --comity rest NOT ON THE BASIS OFRECIPROCITY..but rather upon thePERSUASIVENESS OF THE FOREIGNJUDGMENT--if inquired by French courts

    judicially,honestly, and with fulljurisdiction and with intentionUScourts cannot sit as CA--this court is not bound to follow theHilton case

    --Hilton case

    reciprocity is the basisfor extending/refusing foreignjudgment--johnson->persuasiveness of thefoereign judgment is the basis

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    6-protection of vested right--advanced by professor beale

    --applicability of foreign law dependson the principle of protection ofvested rights--rights acquired in one country mustbe recognized and legally protected

    in others--it is not the foreign law but therights acquired under it which areenforced by the courts of anothercountry

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    7-loucks/grayLoucks

    --FACTSISSUE--protection of vested rights theory isapplied--a tort committed in one state cretesa right of action that may be sued

    upon in another unless public policyforbidsGray--FACTS..ISSUE--the theory was not applied because

    of the interspousal immunity ofMaine to deny liability to a NewHampshire wife injured in Maine--the act complained of did not createa legal right, rather, the acts simplydid not give rise to a cause of action

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    8-cooks local law theory--no court may enforce any law but

    that of its sovereign--when a suitor comes to a

    jurisdiction foreign to the place oftort, he can only invoke an obligationrecognized by the sovereign. A

    foreign sovereign under civilized lawimposes an obligation of its own asnearly homologous as possible tothat arising in the place where thetort occurs

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    9-most significant relationship theory--the location of one single most

    significant factor in an event ortransaction should identify the Stateor territorial jurisdiction whose lawshould govern the transaction--ex

    -land questions were to be governedby the law of the place where the landis located-tort questions by the law of the placeof wrong

    -procedural questions by the law ofthe forum-contract questions by the law of theplace where the contract was made

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    9-autenFACTS

    ISSUE-what law should apply?--ENGLISH LAW because the centerof gravity was Mrs. Autens home inEngland--court has considered is the center

    of gravity or the grouping ofcontacts theoryconfers the law ofthe place which has the mostsignificant contacts with the matter indispute

    --The following are the significantcontacts: a) the agreement effected a

    separation between British subjects,who had been married in England,had children there and lived there asa family for fourteen years; b) duringthe signing of the separationagreement, both spouses hadtemporary visas; c) the English wife

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    only came to New York at that timebecause it was the only way she

    could see her husband to discusstheir differences and to execute aseparation agreement to agree tosupport his family; d) after theseparation agreement, the wife

    immediately returned to England;even though the money was paid totrustee in New York in Englishcurrency, such payments were foraccount of the wife and children

    who live in England; e) it recited thatthe first payment be made beforesailing for England; lastly f) it wasstipulated that the husband may visitchildren if the husband should go toEngland.

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    9-Auten-England has the greatestconcern in prescribing and governing

    those obligations, and in securing tothe wife and children essentialsupport and maintenance

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    10-Haag--FACTS..

    --ISSUE-what law should apply?ILLINIOS because of the choice oflaw clause and the center forgravity was the mans home inChicago

    --The following Illinois contacts aregiven heavy weight in determiningwhich jurisdiction has the mostsignificant contacts: a) both partiesare designated in the agreement as

    being of Chicago, Illinois, and thedefendants place of business is andalways has been in Illinois; b) thechild was born in Illinois; c) thepersons designated to act as agentsfor the principals (except for a thirdalternate) are Illinois residents, as arethe attorneys for both parties; andlastly, d) all contributions for support

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    always have been, and still are being,made from Chicago

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    10-interest analysis--P. Currie attacked the auten ruling

    for its failure to provide any standardto determine which of the contactswere significant--resolve conflicts cases by lookingat the policy behind the laws of the

    involved states and the interest eachstate has in applying its own law--Tasks of the court:1st - determine whether the caseinvolves a true or false conflict (false

    conflict - only one state has an actualinterest in having the law applied andthe failure to apply the other state lawwill not impair its policy)2nd - if there is true conflict, theinterest is balanced, court shouldtake a second look on the policiesand interests of the states. If only onehas a real interest, the other is

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    insubstantial, then there is falseconflict. Both have real interest in

    applying their law which is a trueconflict, Currie favored the law of theforum (lex fori - law of the jurisdictionin which relief is pursued), on thetheory that the court owes greatest

    allegiance to the law (and policy) ofthe sovereign it serves

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    11-principle of preference--the choice of law should not be the

    result of the automatic operation of arule or principle of selection but of aJUST DECISION--must look on the internal laws oftwo states and the facts in relation to

    social policies

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    12-functional approach--courts look at the predominantly

    concerned state wherein suchjurisdiction has ultimate, effectivecontrol over the case; and allconcerned jurisdiction agree that onehas a predominant concern

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    13-choice-influencing considerations--useful in resolving choice-of-law

    problems

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    14-comparative approach--it is the comparison of the various

    legal systems in relation to legalproblems concerningtoindicate the international point ofview

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    15-convient forum theory--it is the application of the foreign

    law in such a convenient forum

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    16-harmony of treatment anduniformity of result theory

    --equal justice under the law requiresthe decision be the same whereverthe claim is brought. A conflictproblem should receive the sametreatment and disposition wherever

    the forum may happen to be.