Conflict of Laws

1
Conflict of Laws

• Overview Introduction

2
Conflicts 3 Basic Questions

• Which courts have the power to decide the dispute
  (Jurisdiction).
• Which law should they apply (Choice of Law)
• When another court has made a decision, should
  that decision be recognized in other courts?
  (Recognition of Judgments)

3
History of Jurisdiction

• English Common-Law Basis service of process
  within territory
• Imported into US in Pennoyer v. Neff.
• Unworkable exceptions developed
• Modern era International Shoe
• D can be sued if in the forum state if he/it has
  minimum contacts with forum state
• Assertion of jurisdiction must also satisfy
  standard of fair play substantial justice
• Jurisdictional questions are constitutional
  questions of Due Process

4
Assertion of Jurisdiction

• 2 levels of personal jurisdiction general
  specific
• General Jurisdiction
• D. has many activities in state
• Can be sued for anything
• Specific Jurisdiction
• D. has only minimal activities
• Can be sued only for events relating to those
  activities

5
Jurisdiction Forum non Conveniens

• What is forum shopping?
• Forum non conveniens Court with jurisdiction may
  decline to hear case if doing so would be
  extremely inconvenient to defendant/court
• Location of witnesses proof
• Relative status of court systems
• Which forum has greatest interest in resolving
  question