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Contents
, Full Faith and Credit Clause,"Another state’s decision must be recognized if 1) jurisdiction was propert in the court, 2) judgment was on the merits and 3) judgment was final. A decision can only be rebutted with a penal judgment or when the state was a plaintiff or if the judgment was incurred by extrinsic fraud, such as bribing a judge." Domicile,"An individual only has one domicile, which can arise by domicile by choice, or the physical presence and intent to be domiciled in that place or domicile by operation of law such as an infant or a mentally incompetent." Choice of Law,In issue is which state’s substantive law will govern the outcome of this litigation. It will be the law selected by the forum court using either the most significant relationship approach. Vested Rights Approach,"Under the vested rights approach the court will apply the law of the state mandated by the applicable vesting rule. This rule is selected according to the relevant substantive area of law, such as a tort, contracts, or real or personal property." Most Significant Relationship Approach,"Under the most significant relationship approach, the court will apply the law of that state which is most significantly related to the outcome of the litigation. The court will look at 1) the connecting facts and 2) certain polity principles." Connecting Facts,"Where did the facts occur and what are they, depends on the substantive area of law." Governmental Interest Approach,"Under the governmental interest approach, the court will apply its own law as long as it has a legitimate interest in the outcome of the litigation. If it does not, this is a false conflict case and it will apply the law of another state." Statute of Limitations,A forum will apply it’s own statute of limitations unless the forum borrows from a statute with a shorter time period or the statute conditions a substantive right.
Version data entries
8 entries across 8 versions & 1 rubygems